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GOODELL v. ROSETTI

52 A.D.3d 911 (2008)

859 N.Y.S.2d 770

NORMAN GOODELL et al., Appellants, v. RICHARD ROSETTI, Defendant and Third-Party Plaintiff-Respondent. DREW CATHELL CUSTOM HOMES, INC., Third-Party Defendant-Respondent.

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

Decided June 5, 2008.

Stein, J.

On January 24, 2004, plaintiff Norman Goodell (hereinafter plaintiff) was injured while performing carpentry work for third-party defendant, Drew Cathell Custom Homes, Inc. (hereinafter Cathell). Plaintiff and his wife, derivatively, commenced this tort action against defendant, the record owner of the property at which plaintiff was injured. Defendant brought a third-party action against Cathell on the basis of contractual indemnification and moved for...

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