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GODOY v. ABAMASTER OF MIAMI

302 A.D.2d 57 (2003)

754 N.Y.S.2d 301

ZOILA GODOY, Plaintiff, v. ABAMASTER OF MIAMI, INC., Defendant-Appellant, and CARFEL, INC., Defendant-Respondent, et al., Defendant. (And a Third-Party Action.)

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

January 21, 2003.

Attorney(s) appearing for the Case

Lester Schwab Katz & Dwyer, LLP, New York City (Steven B. Prystowsky and Saul Wilensky of counsel), for defendant-appellant.

Diamond, Paino, Cardo, King, Peters & Fodera, Brooklyn (Deborah F. Peters of counsel), for defendant-respondent.

SANTUCCI, J.P., FLORIO and H. MILLER, JJ., concur.

OPINION OF THE COURT

TOWNES, J.

In this products liability action, the issue, which appears to be one not previously presented to this Court, is whether the distributor of a defective product is entitled to indemnification from an importer/distributor of the product which is higher in the chain of distribution, where both are strictly liable in tort to the plaintiff.

The plaintiff commenced this action to recover damages for the loss of all four...

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