HARMON v. ZIEHM


162 A.D.2d 982 (1990)

William G. Harmon et al., Plaintiffs, v. Al Ziehm, Individually and Doing Business as Al's Pitcher's Mound, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. William G. Harmon, Inc., Third-Party Defendant-Appellant

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

June 22, 1990


Order insofar as appealed from unanimously reversed on the law with costs and motion granted.

Memorandum:

The court erred in denying third-party defendant's motion for summary judgment dismissing third-party plaintiff Ziehm's complaint against it. Third-party defendant met its initial burden of showing that it owed no duty to Ziehm or to plaintiff; without a duty, there can be no liability for contribution or indemnification (see, Nassau Roofing...

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