Craig L. Shufelt et al., Respondents,
v.
Niagara Mohawk Power Corporation, Respondent, and Balcor Realty Investors, Ltd.-75, Defendant and Third-Party Plaintiff-Appellant. Pembrook Electric Company, Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant
Appellate Division of the Supreme Court of the State of New York, Third Department.https://leagle.com/images/logo.png
June 20, 1985
June 20, 1985
Attorney(s) appearing for the Case
Lyons & Duncan (Condon A. Lyons of counsel), for defendant and third-party plaintiff-appellant.
Pentak, Brown & Tobin (Robert A. Murphy, Jr., of counsel), for respondent.
Donohue, Donohue & Sabo, P. C. (Fred J. Hutchinson of counsel), for Pembrook Electric Company, Inc., third-party defendant-respondent.
Francis E. Lehner (Michael M. Emminger of counsel), for L. A. Swyer Company, Inc., third-party defendant-respondent.
MAHONEY, P. J., KANE, WEISS and LEVINE, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Third Department.
CASEY, J.
Special Term granted motions by two of the third-party defendants* for summary judgment dismissing the third-party complaint for the failure of third-party plaintiff to present, in opposition to the motions, proof of any active negligence by those third-party defendants which could serve as the basis for third-party plaintiff's indemnification cause of action. We conclude...
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