LEE v. STEARNS


26 A.D.3d 852 (2006)

809 N.Y.S.2d 746

SCOTT LEE et al., Respondents, v. JOSEPH M. STEARNS et al., Appellants. JOSEPH M. STEARNS, Third-Party Plaintiff-Appellant, v. O'CONNELL ELECTRIC CO., INC., Third-Party Defendant-Respondent. (Appeal No. 2.)

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

February 3, 2006.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in its entirety the cross motion with respect to the third-party complaint and the cross motion with respect to the cause of action for common-law indemnification and reinstating the third-party complaint and as modified the order is affirmed without costs.

Memorandum:

We agree with defendant Advantage Trucks & Salvage, Inc. and defendant...

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