Weintraub v. Richard Dahn, Inc.

This appeal arises out of an action for indemnification. The plaintiffs, David and Shirley C. Weintraub sued the defendant, Richard Dahn, Inc. (hereinafter Dahn), for damage caused by a truck driven by Dahn’s employee which was delivering a load of stone in the course of the construction of a house and swimming pool on their property. The defendant, in turn, brought a third party action against the general contractor, Milton Factor and Company (hereinafter Factor), seeking indemnification for any losses resulting from the initial suit. The third party complaint alleged that employees of the…