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Adamczyk v. Hillview Estates Dev. Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 940 (N.Y. App. Div. 1996)

Opinion

July 12, 1996

Appeal from the Supreme Court, Erie County, Michalek, J.

Present — Lawton, J.P., Fallon, Callahan, Doerr and Davis, JJ.


Order unanimously vacated without costs and third-party complaint dismissed. Memorandum: In Adamczyk v. Hillview Estates Dev. Corp. ( 226 A.D.2d 1049), we modified Supreme Court's order by granting defendant's motion for summary judgment dismissing the complaint. Because defendant was successful in the primary action, its third-party action seeking common-law indemnification, including attorney's fees, from third-party defendant must necessarily be dismissed ( see generally, Bay Ridge Air Rights v. State of New York, 44 N.Y.2d 49, 54-56; Satta v. City of New York, 272 App. Div. 782). We therefore vacate the order granting defendant's motion for summary judgment in the third-party action and dismiss the third-party complaint.


Summaries of

Adamczyk v. Hillview Estates Dev. Corp.

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1996
229 A.D.2d 940 (N.Y. App. Div. 1996)
Case details for

Adamczyk v. Hillview Estates Dev. Corp.

Case Details

Full title:ROBERT J. ADAMCZYK, Plaintiff, v. HILLVIEW ESTATES DEVELOPMENT CORP.…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jul 12, 1996

Citations

229 A.D.2d 940 (N.Y. App. Div. 1996)
646 N.Y.S.2d 472

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