§490:3-119  Notice of right to defend
action.  In an action for breach of an obligation for which a third person
is answerable over pursuant to this article or article 4, the defendant may
give the third person written notice of the litigation, and the person notified
may then give similar notice to any other person who is answerable over.  If
the notice states (i) that the person notified may come in and defend and (ii)
that failure to do so will bind the person notified in an action later brought
by the person giving the notice as to any determination of fact common to the
two litigations, the person notified is so bound unless after seasonable
receipt of the notice the person notified does come in and defend. [L 1991, c
118, pt of §1]