CURRAN v. AUTO LAB SERVICE CENTER, INC.


280 A.D.2d 636 (2001)

721 N.Y.S.2d 662

MICHAEL J. CURRAN et al., Respondents-Appellants, v. AUTO LAB SERVICE CENTER, INC., Defendant and Third-Party Plaintiff-Respondent. D&M AUTO PARTS CORP., Also Known as NAPA AUTO, Third-Party Defendant-Appellant-Respondent.

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

Decided February 26, 2001.


Ordered that the order is modified by deleting the provision thereof denying the cross motion and substituting therefor a provision granting the cross motion and dismissing the third-party complaint; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable by the plaintiffs and the defendant third-party plaintiff.

On October 16, 1998, the plaintiff Michael J. Curran, a deliveryman employed by the third-party...

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