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FELLOWS v. COUNTY OF ONONDAGA

2 A.D.3d 1462 (2003)

769 N.Y.S.2d 766

CHRISTOPHER FELLOWS et al., Plaintiffs, v. COUNTY OF ONONDAGA et al., Defendants. ONONDAGA COUNTY SOIL & WATER CONSERVATION DISTRICT, Third-Party Plaintiff-Appellant, v. ROBERT E. DYE, Doing Business as BOB DYE CONSTRUCTION, et al., Third-Party Defendants-Respondents.

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

December 31, 2003.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly exercised its discretion in denying without prejudice the motion of defendant-third-party plaintiff, Onondaga County Soil & Water Conservation District (OCSW), seeking summary judgment on contractual and common-law indemnification against third-party defendant Robert E. Dye, doing business as Bob Dye Construction...

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