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MARTELLE v. CITY OF NEW YORK

31 A.D.3d 400 (2006)

817 N.Y.S.2d 504

JOSEPH MARTELLE, Plaintiff, v. CITY OF NEW YORK et al., Defendants and Third-Party Plaintiffs-Respondents. AIELLO AND SONS AIR CONDITIONING CO., INC., Third-Party Defendant-Appellant.

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

July 5, 2006.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to dismiss the third-party claim for common-law indemnification, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the respondents, and the third-party claim for common-law indemnification is dismissed.

Contrary to the contentions of the third...

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