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McCARTHY v. TURNER CONSTR., INC.

No. 117

17 N.Y.3d 369 (2011)

953 N.E.2d 794

929 N.Y.S.2d 556

2011 NY Slip Op 5541

JOHN McCARTHY et al., Plaintiffs, v. TURNER CONSTRUCTION, INC., Defendant, JOHN GALLIN & SON, INC., Respondent, and BOSTON PROPERTIES, INC., et al., Appellants. (And Other Actions.)

Court of Appeals of New York.

Decided June 28, 2011.

Attorney(s) appearing for the Case

Carol R. Finocchio , New York City and Marie R. Hodukavich , for appellants.

Malapero & Prisco, LLP, New York City ( Andrew L. Klauber , and Frank J. Lombardo , of counsel), and Farber Brocks & Zane L.L.P., Mineola ( Sherri N. Pavloff , of counsel), for respondent.

Order affirmed, etc.

OPINION OF THE COURT

JONES, J.

The issue before the Court is whether defendant property owners Boston Properties, Inc. and Times Square Tower Associates, LLC (the property owners) are entitled to common-law indemnification from defendant general contractor John Gallin & Son, Inc. (Gallin). For the reasons that follow, we hold they are not.

The property owners leased a retail storefront located at 7...

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