ATKINSON v. MOBIL OIL CORP.


205 A.D.2d 719 (1994)

614 N.Y.S.2d 36

William Atkinson, Plaintiff, v. Mobil Oil Corporation, Defendant and Third-Party Plaintiff-Respondent. Matthews Industrial Piping Co., Inc., Third-Party Defendant-Appellant

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

June 27, 1994


Ordered that the order is reversed, on the law, with costs, and the motion is denied.

The plaintiff was injured when he fell while walking on a tank owned by Mobil Oil Corporation (hereinafter Mobil). Mobil impleaded the third-party defendant Matthews Industrial Piping Co., Inc. (hereinafter Matthews), which had performed repairs on the tank, alleging that Matthews had a contractual obligation to indemnify Mobil, and that Matthews

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