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FLEMING v. CUSTOM BLDG. SYSTEMS, INC.

21 A.D.3d 929 (2005)

800 N.Y.S.2d 643

RAYMOND FLEMING, Plaintiff, v. CUSTOM BUILDING SYSTEMS, INC., Defendant and Third-Party Plaintiff-Respondent. JMR HOMES, INC., Third-Party Defendant-Appellant.

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

September 12, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

There are triable issues of fact which preclude summary judgment dismissing the third-party complaint for indemnification and contribution (see Murphy v. WFP 245 Park Co., L.P., 8 A.D.3d 161, 162 [2004]; Bornschein v. Shuman, 7 A.D.3d 476, 479 [2004]; cf. O'Donoghue v. New York City School Constr. Auth.,...

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