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NAPPO v. MENORAH CAMPUS, INC.

216 A.D.2d 876 (1995)

628 N.Y.S.2d 907

Angelo J. Nappo, Sr., as Administrator of The Estate of Angelo Nappo, Jr., Deceased, Plaintiff, v. Menorah Campus, Incorporated, et al., Defendants Amthor Steel, Inc., Third-Party Plaintiff-Respondent, et al., Third-Party Plaintiff, v. W.E. Darin Construction Enterprises, Inc., Third-Party Defendant-Appellant Menorah Campus, Incorporated, Third-Party Plaintiff-Respondent, v. W.E. Darin Construction Enterprises, Inc., Third-Party Defendant-Appellant

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

June 9, 1995

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court improperly granted summary judgment to defendant and third-party plaintiff Amthor Steel, Inc. (Amthor), against plaintiff's decedent's employer, third-party defendant W.E. Darin Construction Enterprises, Inc. (Darin) based upon contractual indemnification. Amthor failed to establish by proof in...

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