DUTTON v. MITEK REALTY CORP.


95 A.D.2d 769 (1983)

Daniel Dutton, Plaintiff, v. Mitek Realty Corporation, Defendant and Third-Party Plaintiff-Appellant. Town of North Hempstead, Third-Party Defendant-Respondent, et al., Third-Party Defendant

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

June 6, 1983


Judgment modified so as to provide that third-party defendant Town of North Hempstead's motion for summary judgment is granted only insofar as the third-party complaint seeks indemnification and is denied insofar as it seeks contribution.

As so modified, judgment affirmed, with costs to the appellant. Plaintiff Daniel Dutton sustained serious injuries when he fell from the roof of defendant third-party plaintiff's (hereinafter defendant) building on July 11, 1980...

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