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SPRAGUE v. MARSHALL

15 A.D.3d 853 (2005)

789 N.Y.S.2d 570

RICHARD A. SPRAGUE, Plaintiff, v. MICHAEL MARSHALL et al., Defendants and Third-Party Plaintiffs-Appellants. LAWRENCE D'ANGELO, Third-Party Defendant-Respondent. (Appeal No. 1.)

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

February 4, 2005.

Memorandum: Plaintiff commenced this action seeking to recover damages arising from a fire at his home that originated on defendants' neighboring premises. Defendants in turn commenced a third-party action seeking "contribution and/or indemnification" from third-party defendant, a contractor who was alleged to have negligently caused the fire. Supreme Court erred in granting that part of the cross motion of third-party defendant that sought to dismiss the third-party complaint...

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