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PUGLIESE v. PANEORAMA ITALIAN BAKERY CORP.

289 A.D.2d 553 (2001)

735 N.Y.S.2d 797

JOSEPH PUGLIESE, Respondent, et al., Plaintiff, v. PANEORAMA ITALIAN BAKERY CORP., Defendant, and INTER-COUNTY INVESTING CORP., Defendant and Third-Party Plaintiff-Appellant-Respondent. SAL COMPISI & SONS, Third-Party Defendant-Respondent-Appellant.

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

Decided December 31, 2001.

Ordered that the cross appeal is dismissed, without costs or disbursements, on the ground that the third-party defendant is not aggrieved by the judgment (see, CPLR 5511); and it is further,

Ordered that the judgment is reversed insofar as appealed from, on the law, the motion is denied, the third-party complaint is reinstated, and the matter is remitted to the Supreme Court, Queens County, for a new trial on the issue of common-law indemnification, with costs...

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