Aleut Corp. v. Rogers

OPINION

Before RABINOWITZ, C. J., BURKE and MATTHEWS, JJ., and DIMOND, Senior Justice. PER CURIAM.

Rogers Realty, Inc., sued the Aleut Corporation to collect a commission on a real estate sale. Aleut counterclaimed for its losses in connection with another real estate transaction handled by the plaintiff. Aleut also brought a third-party complaint against Carl Moses, among others, for the latter losses.

After answering and participating in discovery, Moses asked for summary judgment, asserting that because Aleut’s claim against him was not for indemnity he was an improper third-party defendant.…