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CORTES v. TOWN OF BROOKHAVEN

2009-05162.

78 A.D.3d 642 (2010)

910 N.Y.S.2d 171

MANUEL RICHARD CORTES, Plaintiff, v. TOWN OF BROOKHAVEN, Defendant Third-Party Plaintiff-Appellant. DOLEEN TRUCKING CORP. et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

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

Decided November 3, 2010.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the motion of the third-party defendants Doleen Trucking Corp. and DF Stone Contracting, Ltd., pursuant to CPLR 4401 which was for judgment as a matter of law dismissing the third cause of action in the third-party complaint for contractual indemnification insofar as asserted against the third-party defendant DF Stone Contracting...

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