Appellate Division of the Supreme Court of the State of New York December 27, 2012 (State Farm Fire & Casualty Co. v. Main Bros. Oil Co.)

Spain, J.

*1576In December 2010, plaintiff commenced this action against Hastings and Main Brothers, alleging negligence on the part of Hastings and that Main Brothers was liable as the successor in interest to Hastings. Main Brothers answered and asserted a cross claim against Hastings for indemnification.