PETITO v. BEAVER CONCRETE


161 Misc.2d 363 (1994)

613 N.Y.S.2d 523

Ralph Petito et al., Plaintiffs, v. Beaver Concrete Breaking Company, Inc., et al., Defendants. Beaver Concrete Breaking Company, Inc., Third-Party Plaintiff, v. Metropolitan Transportation Authority et al., Third-Party Defendants. (And a Fourth-Party Action.)

Civil Court of the City of New York, Richmond County.

May 10, 1994


Attorney(s) appearing for the Case

Berel & Mullen, New York City, for Metropolitan Transportation Authority and another. Cascione, Chechanover & Purcigiotti, P. C., New York City, for Ralph Petito and another. Ahmuty, Demers & McManus, Albertson, for Beaver Concrete Breaking Company, Inc. Hogrefe, Stern & King, New York City, for Glastek Corp. Joseph Conklin, New York City, for Edwards & Kelcey Engineer, Inc. Curtis, Zaklukiewicz, Vasile, Devine & McElhenny, Merrick, for Michigan Mutual Insurance Company and another.


PASQUALE BIFULCO, J.

The third-party defendants/fourth-party plaintiffs The Metropolitan Transportation Authority and Staten Island Rapid Transit Operating Authority (hereinafter SIRTOA) move for partial summary judgment seeking contractual indemnification by defendant/third-party plaintiff Beaver Concrete Breaking Company, Inc. (hereinafter Beaver). SIRTOA further moves for a declaratory judgment, attorney...

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