LANCASTER STONE PRODS. CORP. v. AUSTIN POWDER CO.


112 A.D.2d 11 (1985)

Lancaster Stone Products Corporation, Respondent, v. Austin Powder Company, Appellant, et al., Defendant. (Action No. 1.) Lancaster Stone Products Corporation, Respondent, v. Austin Powder Company, Appellant, and Bison Ford Truck Sales, Inc., Respondent, et al., Defendant. (Action No. 2.)

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

June 4, 1985


Order reversed, on the law, without costs, and motion granted.

Memorandum:

In two separate actions brought by plaintiff to recover damages caused by the explosion of a truck loaded with dynamite and driven to plaintiff's property by an employee of defendant Austin Powder Company, plaintiff alleged a cause of action in negligence against Austin and a second cause of action for contractual indemnification. The predicate for the indemnification cause of action...

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