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GLASER v. M. FORTUNOFF OF WESTBURY CORP.

129 A.D.2d 612 (1987)

Carol L. Glaser et al., Plaintiffs, v. M. Fortunoff of Westbury Corp., Defendant and Second Third-Party Plaintiff-Appellant. George E. Froelich et al., Second Third-Party Defendants-Respondents

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

April 13, 1987

Ordered that the order is affirmed, with costs.

Since the defendant second third-party plaintiff reached a settlement with the plaintiff in the primary action, its second third-party action which pleads a cause of action sounding in contribution, rather than indemnification, is barred (see, General Obligations Law § 15-108 [c]; Salonia v Samsol Homes, 119 A.D.2d 394

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