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CAFFERY v. BJY MATERIALS, INC.

11 A.D.3d 649 (2004)

784 N.Y.S.2d 559

GERALD V. CAFFERY et al., Respondents, v. BJY MATERIALS, INC., et al., Appellants, et al., Respondents.

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

October 25, 2004.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The plaintiff driver, Gerald V. Caffery, established his entitlement to summary judgment dismissing the counterclaim of the defendants BJY Materials, Inc., and Robert L. Ryan (hereinafter the BJY defendants) for contribution and indemnification. He demonstrated that he was presented with an emergency situation when the tractor-trailer...

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