HUNT v. WERNER SPITZ CONSTR. CO., INC.


152 A.D.2d 936 (1989)

John Hunt, Plaintiff, v. Werner Spitz Construction Company, Inc., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant and Third-Party Plaintiff. Railing Supply Company, Inc., Third-Party Defendant-Respondent

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

July 12, 1989


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

Memorandum:

Defendant and third-party plaintiff Werner Spitz appeals from an order which granted the motion of third-party defendant Railing for dismissal of Werner Spitz's third-party claims for contribution and/or common-law indemnification. In dismissing those claims, the court held that such claims are superseded by Railing's express agreement to indemnify Werner Spitz.

The court...

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