CASSIDY v. GREATER N.Y. AUTO. DEALERS ASSOCIATION, INC.

159713/15, 9643, 9642.

173 A.D.3d 536 (2019)

100 N.Y.S.3d 520

2019 NY Slip Op 04876

Eamonn Cassidy, Plaintiff, v. Greater New York Automobile Dealers Association, Inc., et al., Defendants. George P. Johnson Company, Third-Party Plaintiff-Appellant, v. Freeman Decorating Services, Inc., et al., Third-Party Defendants-Respondents.

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

Decided June 18, 2019.


Viewing the facts of the third-party complaint in the light most favorable to third-party plaintiff and assuming the truth of the allegations for the purpose of CPLR 3211(a)(7), we find that it states valid claims for both contractual and common law indemnification (see Goshen v Mutual Life Ins. Co. of N.Y., 98 N.Y.2d 314, 326-327 [2002]; Basis Yield Alpha Fund [Master] v Goldman Sachs Group, Inc., 115 A.D...

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