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POLI v. GARA

89 A.D.2d 907 (1982)

James Poli, Individually and as Father and Natural Guardian of James Poli, an Infant, et al., Plaintiffs, v. Robert H. Gara, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants, et al., Third-Party Defendant. Town of Clarkstown, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

August 23, 1982

Order reversed, on the law, with $50 costs and disbursements, and motion to dismiss the third-party complaint as against the town is granted.

The Town of Clarkstown reached a settlement with plaintiffs and obtained a release from liability on May 4, 1971. Thereafter, in August, 1977, plaintiffs commenced this action against third-party plaintiff and others. A third-party complaint seeking contribution was served upon the town in April, 1980. The town moved to dismiss...

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