MITCHELL v. COUNTY OF JEFFERSON


217 A.D.2d 917 (1995)

629 N.Y.S.2d 605

Arthur F. Mitchell et al., Plaintiffs, v. County of Jefferson, Defendant and Third-Party Plaintiff-Respondent-Appellant. Weatherguard Roofing Company, Third-Party Defendant-Appellant-Respondent

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

July 14, 1995


Order unanimously reversed on the law without costs, motion denied and cross motions granted.

Memorandum:

Supreme Court erred in granting the motion of third-party defendant for summary judgment dismissing the first, third and fourth causes of action of the third-party complaint. Those causes of action seek common-law indemnification from the party that actually supervised, directed or controlled the work giving rise to the injury sustained by plaintiff (...

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