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Tarzia v. Great Atlantic & Pacific Tea Co.
State: Connecticut
Court: Supreme Court
Docket No: SC16099
Case Date: 10/17/2000
Preview:****************************************************** The ``officially released'' date that appears near the beginning of each opinion is the date the opinion will be published in the Connecticut Law Journal or the date it was released as a slip opinion. The operative date for the beginning of all time periods for filing postopinion motions and petitions for certification is the ``officially released'' date appearing in the opinion. In no event will any such motions be accepted before the ``officially released'' date. All opinions are subject to modification and technical correction prior to official publication in the Connecticut Reports and Connecticut Appellate Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the Connecticut Law Journal and subsequently in the Connecticut Reports or Connecticut Appellate Reports, the latest print version is to be considered authoritative. The syllabus and procedural history accompanying the opinion as it appears on the Commission on Official Legal Publications Electronic Bulletin Board Service and in the Connecticut Law Journal and bound volumes of official reports are copyrighted by the Secretary of the State, State of Connecticut, and may not be reproduced and distributed without the express written permission of the Commission on Official Legal Publications, Judicial Branch, State of Connecticut. ****************************************************** NICHOLAS TARZIA v. GREAT ATLANTIC AND PACIFIC TEA COMPANY (SC 16099)
Borden, Norcott, Katz, Palmer and Vertefeuille, Js. Argued September 21--officially released October 17, 2000 Counsel

Michael T. Bologna, for the appellant (third party defendant Samuel Heyman). Paul J. Pacifico, for the appellee (plaintiff).
Opinion

PER CURIAM. In this negligence action brought by the plaintiff, Nicholas Tarzia, against the defendant, Great Atlantic and Pacific Tea Company, doing business as Waldbaum's Food Market (Waldbaum's), the plaintiff sought to recover damages for personal injuries he had sustained as a result of a slip and fall on some debris in Waldbaum's parking lot. In January, 1994, Waldbaum's impleaded its landlord, Samuel Heyman, as a third party defendant, claiming indemnification on the ground that pursuant to their lease, Heyman had the responsibility of keeping the parking lot reasonably free of debris. In March, 1994, the plaintiff filed an ``assertion of claim''

against Heyman. Although this pleading was not in the form of a complaint, it stated that it was filed ``[p]ursuant to [General Statutes
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