CLARK v. GENERAL INVESTMENT AND DEVELOPMENT COMPANY


1999 Mass. App. Div. 205 (1999)

Denella Clark v. General Investment and Development Company, and another v. Peter McCarthy, and another

Massachusetts Appellate Division, Municipal Court.

August 23, 1999.


Attorney(s) appearing for the Case

Richard J. Bennett for the plaintiff.

Edward D. Shoulkin for the defendants.

Carol Teigue Thomas for the third-party defendants.

Present: Dougan, Forde & Summerville, JJ.


Summerville, J.

The central issue in this Rule 8C, Dist./Mun. Cts. R.A.D.A., appeal is whether a third-party plaintiff's claim for indemnity from a third-party defendant is extinguished by a settlement reached between a plaintiff and a third-party defendant.

The undisputed facts are as follows. In June of 1996, the plaintiff, Denella Clark, lived in an apartment within a complex known as Windsor Gardens in Norwood, Massachusetts. Windsor Gardens of Norwood...

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