AUSTRO v. NIAGARA MOHAWK POWER CORP.


66 N.Y.2d 674 (1985)

Edward Austro et al., Plaintiffs, v. Niagara Mohawk Power Corporation, Defendant and Third-Party Plaintiff-Appellant. Weber Construction Company, Inc., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendants. (And a Fourth-Party Action.)

Court of Appeals of the State of New York.

Decided October 10, 1985.


Attorney(s) appearing for the Case

Howard S. Rosenhoch and Lawrence H. Wagner for appellant.

Edward F. Layden for respondents.

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur; Judge JASEN taking no part.


MEMORANDUM.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and judgment granted to Niagara Mohawk Power Co. (NiMo) on its third-party complaint against third-party defendants Weber Construction Co., Inc., and Kenneth Begin.

The Appellate Division affirmed the dismissal, following trial, of NiMo's third-party complaint insofar as it demanded indemnification from Weber...

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