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ADAMCZYK v. HILLVIEW ESTATES DEV. CORP.

229 A.D.2d 940 (1996)

646 N.Y.S.2d 472

Robert J. Adamczyk, Plaintiff, v. Hillview Estates Development Corp., Defendant and Third-Party Plaintiff-Respondent. Construx Development Company, Third-Party Defendant-Appellant

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

July 12, 1996

Order unanimously vacated without costs and third-party complaint dismissed.

Memorandum:

In Adamczyk v Hillview Estates Dev. Corp. (226 A.D.2d 1049), we modified Supreme Court's order by granting defendant's motion for summary judgment dismissing the complaint. Because defendant was successful in the primary action, its third-party action seeking common-law indemnification, including attorney's fees, from third-party...

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