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GILHENEY v. SAM DELL SATURN, INC.

258 A.D.2d 895 (1999)

685 N.Y.S.2d 371

JANE M. GILHENEY, Individually and as Executrix of JAMES H. GILHENEY, Deceased, Plaintiff, v. SAM DELL SATURN, INC., Doing Business as SATURN OF SYRACUSE, Defendant and Third-Party Plaintiff-Respondent. DIFLORIO MECHANICAL CONTRACTORS, INC., Third-Party Defendant-Appellant.

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

Decided February 10, 1999.

Amended judgment insofar as appealed from unanimously reversed on the law with costs, motion denied and new trial granted.

Memorandum:

Supreme Court erred in granting the motion of third-party plaintiff, Sam Dell Saturn, Inc., doing business as Saturn of Syracuse (Sam Dell Saturn), for a directed verdict in its third-party action for common-law indemnification. Plaintiff's decedent, an employee of third-party defendant, DiFlorio Mechanical Contractors, Inc...

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