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487 ELMWOOD, INC. v. HASSETT

161 A.D.2d 1171 (1990)

487 Elmwood, Inc., Plaintiffs, v. William D. Hassett, Jr., et al., Respondents, and McDonald's Corporation, et al., Appellants. (Appeal No. 3.)

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

May 11, 1990

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

Memorandum:

Supreme Court improperly denied the motion of defendants McDonald's Corporation Franchise Realty Interstate Corp., and McDonald's of Kensington, Ltd. (the McDonald defendants) for summary judgment on their cross claim for indemnity, including attorneys' fees, against defendants Hassett and Townsell. In the lease granted to the McDonald defendants, Hassett...

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