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SIGISMONDI v. LEWIS

32 Misc.2d 210 (1962)

Josephine R. Sigismondi, as Administratrix of The Estate of Angelo P. Sigismondi, Deceased, Plaintiff, v. Aaron Lewis et al., Doing Business under the Name of Four Forty Enterprises, et al., Defendants. Aaron Lewis et al., Third-Party Plaintiffs, v. Sigismondi Excavators, Inc., et al., Third-Party Defendants.

Supreme Court, Special Term, Monroe County.

January 16, 1962

Attorney(s) appearing for the Case

Strang, Wright, Combs, Wiser & Shaw (Ellsworth Van Graafeiland of counsel), for defendants and third-party plaintiffs. Taylor & Taylor (Paul R. Taylor of counsel), for plaintiff and third-party defendants.

CLARENCE J. HENRY, J.

This is a motion on behalf of the third-party defendants to dismiss the first cause of action in the amended complaint against them on the ground of legal insufficiency. (The first cause is based upon implied indemnity arising from negligence; the second cause is based upon contractual indemnity, and is not questioned herein.)

The contention of the moving parties is that the complaint...

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