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HEFFNER v. STAR FARM ASSOCIATES

304 A.D.2d 525 (2003)

757 N.Y.S.2d 467

EDWARD HEFFNER et al., Plaintiffs, v. STAR FARM ASSOCIATES et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendant. PAIVA & DIFAIO, Third-Party Defendant-Appellant.

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

Decided April 7, 2003.

Ordered that the order is affirmed, with costs.

Accepting the allegations of the third-party complaint as true and according the respondents the benefit of every favorable inference to be drawn therefrom, the complaint adequately pleads a claim for indemnity (see Leon v Martinez, 84 N.Y.2d 83 [1994]; 17 Vista Fee Assoc. v Teachers Ins. & Annuity Assn. of Am., 259 A.D.2d 75 [1999...

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