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TERRANOVA v. CITY OF NEW YORK

197 A.D.2d 402 (1993)

602 N.Y.S.2d 830

Giacomo Terranova et al., Plaintiffs, v. City of New York et al., Defendants, and Haggerty Millwork Corp., Defendant and Third-Party Plaintiff-Appellant Cord Contracting Company, Inc., et al., Third-Party Defendants-Respondents. (And a Second Third-Party Action.) Patrick Stack et al., Plaintiffs, v. City of New York et al., Defendants, and Haggerty Millwork Corp., Defendant and Third-Party Plaintiff-Appellant. Cord Contracting Company, Inc., et al., Third-Party Defendants-Respondents. (And a Second Third-Party Action.)

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

October 12, 1993

In an action seeking to recover for personal injuries sustained at a construction site when a scaffold collapsed, third-party plaintiff Haggerty Millwork Corp., the general contractor, seeks summary judgment against third-party defendants Cord Contracting Company and Cord Wall Construction Co., a subcontractor and plaintiff's employer, on its claim for common-law indemnification. The IAS Court denied the motion on the ground that issues of fact exist as to whether Cord was...

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