DEJESUS v. TYREE ORGANIZATION


307 A.D.2d 897 (2003)

764 N.Y.S.2d 404

CARMELO DEJESUS et al., Plaintiffs, v. TYREE ORGANIZATION et al., Defendants. M & J INC., Third-Party Plaintiff-Respondent, v. MOBIL OIL CORPORATION, Third-Party Defendant-Appellant.

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

Decided August 28, 2003.


The lessee impleaded the owner after plaintiff's cause of action against the owner was dismissed as time-barred. Insofar as pertinent, the lease between the owner and the lessee required the lessee to indemnify the owner for various specified liabilities unless such resulted from the owner's sole negligence, and to obtain liability insurance listing the owner as an additional insured. The owner's motion to dismiss the third-party action as barred by the antisubrogation rule...

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