DREYFUS v. MPCC CORP.

2013-03165, Index No. 5114/10.

124 A.D.3d 830 (2015)

CORY DREYFUS et al., Plaintiffs, v. MPCC CORP., Defendant/Third-Party Plaintiff-Appellant. CANATAL INDUSTRIES, INC., Third-Party Defendant-Respondent.

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

Decided January 28, 2015.


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

The Supreme Court properly granted that branch of the motion of the third-party defendant, Canatal Industries, Inc. (hereinafter Canatal), which was for summary judgment dismissing the cause of action in the third-party complaint for common-law indemnification. "[T]he key element of a common-law cause of action for indemnification is not a duty running from the indemnitor to the injured party...

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