BARNES v. DEFOE/HALMAR


271 A.D.2d 387 (2000)

705 N.Y.S.2d 628

WESLEY BARNES et al., Respondents, v. DEFOE/HALMAR, Defendant and Third-Party Plaintiff-Respondent. RICE MOHAWK U.S. CONSTRUCTION COMPANY, LTD., Third-Party Defendant-Appellant.

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

Decided April 3, 2000.


Ordered that the order is modified by (1) deleting the provision thereof granting the motion of the defendant third-party plaintiff which was for partial summary judgment on the issue of contractual indemnification against the third-party defendant and substituting therefor a provision denying the motion, and (2) deleting the provision thereof denying that branch of the motion of the third-party defendant which was for summary judgment dismissing the plaintiffs' cause of...

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