SANTAMARIA v. KELLY


280 A.D.2d 536 (2001)

720 N.Y.S.2d 182

VICTOR SANTAMARIA et al., Appellants, v. BRIAN KELLY et al., Respondents.

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

Decided February 13, 2001.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, those branches of the motion which were for summary judgment dismissing the second, fourth, and fifth causes of action are denied, and those causes of action are reinstated.

Contrary to the plaintiffs' contentions, the second cause of action does not state a claim for indemnification because, inter alia, the underlying judgment has not been satisfied by the plaintiff Elena...

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