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BARR v. RAFFE

97 A.D.2d 696 (1983)

Jerome H. Barr et al., as Executors of Milton Kaufman, Deceased, Plaintiffs, v. Hyman Raffe, Defendant and Third-Party Plaintiff-Appellant-Respondent. Puccini Clothes, Ltd., Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendants Jerome H. Barr et al., as Executors of Milton Kaufman, Deceased, Plaintiffs, v. Hyman Raffe, Defendant and Third-Party Plaintiff-Respondent. Puccini Clothes, Ltd., Third-Party Defendant-Appellant, et al., Third-Party Defendants

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

November 3, 1983

"`A person who, in whole or in part, has discharged a duty which is owed by him but which as between himself and another should have been discharged by the other, is entitled to indemnity from the other, * * *.' (American Law Institute, Restatement of the Law of Restitution, § 76.) Where payment by one person is compelled, which another should have made or which redounds solely to the benefit of another, a contract to reimburse or indemnify is implied by law." (Brown...

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