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DePILLO v. GREATER AUBURN LAND CO., INC.

236 A.D.2d 863 (1997)

653 N.Y.S.2d 776

Robert DePillo, Plaintiff, v. Greater Auburn Land Company, Inc., et al., Defendants Greater Auburn Land Company, Inc., Third-Party Plaintiff-Respondent, v. A.A.A.C., Inc., Third-Party Defendant-Respondent-Appellant, and L. M. Sessler Excavating and Wrecking, Inc., Third-Party Defendant-Appellant

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

February 7, 1997

Order unanimously modified on the law and as modified affirmed with costs to third-party defendant L. M. Sessler Excavating and Wrecking, Inc., in accordance with the following Memorandum: Supreme Court erred in denying the cross motion of third-party defendant L. M. Sessler Excavating and Wrecking, Inc. (Sessler), for summary judgment on its cross claim for common-law indemnification against third-party defendant A.A.A.C., Inc. (A.A.A.C.). The record establishes that the...

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