EGAN v. CITY OF NEW YORK


3 A.D.2d 827 (1957)

Joseph F. Egan, Plaintiff, v. City of New York, Defendant and Third-Party Plaintiff-Appellant. Five Boro Construction Corp., Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

April 16, 1957


The pleadings in this case are susceptible to proof at the trial that, while the city endeavored to have the general contractor perform in accordance with the scheduled progress, its efforts were not sufficient to absolve it of liability to the plaintiff. In such instance, the city might still have a valid claim over against the general contractor in view of the latter's agreement "to indemnify and hold the City harmless" from claims of other contractors for damages sustained...

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