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BRUTCHER v. DALLAS HOMES, INC.

237 A.D.2d 876 (1997)

656 N.Y.S.2d 991

Charles W. Brutcher et al., Plaintiffs, v. Dallas Homes, Inc., Defendant and Third-Party Plaintiff-Appellant. J & P Custom Masonry, Third-Party Defendant-Respondent

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

March 14, 1997

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of third-party plaintiff, Dallas Homes, Inc. (Dallas), for partial summary judgment against third-party defendant, J & P Custom Masonry (J & P). Dallas, the general contractor on a residential construction project, seeks common-law indemnification from J & P, its masonry subcontractor, for liability imposed upon Dallas under Labor Law § 240 (1) as the...

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