CATON v. DOUG URBAN CONSTR. CO.


109 A.D.2d 1100 (1985)

Richard Caton et al., Respondents, v. Doug Urban Construction Company, Appellant

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

March 1, 1985


Order unanimously reversed, on the law, with costs, and motion granted.

Memorandum:

Special Term erred in denying defendant's motion for summary judgment. This is an action for common-law indemnity by plaintiffs, who had previously paid a default judgment taken against them in an action by a person who had fallen off the roof of plaintiffs' house. As a result of plaintiffs' failure to respond adequately to defendant...

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