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KEOHAN v. DI PAOLA

97 A.D.2d 596 (1983)

Melinda M. Keohan, an Infant, by David A. Keohan, Jr., Her Parent and Natural Guardian, Plaintiff, v. Angelo Di Paola et al., Defendants and Third-Party Plaintiffs-Appellants. David A. Keohan, Jr., Third-Party Defendant-Respondent

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

October 13, 1983

The facts underlying this third-party action for indemnification or contribution are not substantially contested. On August 7, 1979, David Keohan drove his family, including his daughter Melinda, who was then eight years of age and in the right rear seat of the automobile, to Carlos Pizza, then owned by Angelo and Marine Di Paola. While Mrs. Keohan was paying for the pizza she had ordered, an employee brought the boxed pizza to the car and placed it through the right rear...

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