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JOHNSON CORP. v. INDEM. INS. CO.

7 N.Y.2d 222 (1959)

Arthur A. Johnson Corporation et al., Respondents, v. Indemnity Insurance Company of North America, Appellant.

Court of Appeals of the State of New York.

Decided December 30, 1959.

Attorney(s) appearing for the Case

George J. Conway and George A. Garvey for appellant.

Franklin Nevius and Thomas B. Treacy for respondents.

Judges DESMOND, DYE, FULD and FROESSEL concur with Chief Judge CONWAY; Judge BURKE concurs for affirmance in a separate opinion; Judge VAN VOORHIS dissents in an opinion.

Chief Judge CONWAY.

This case comes to us upon an agreed statement of facts which are essentially that in January, 1947 plaintiffs, who are general construction contractors, contracted with the New York City Board of Transportation to construct platform extensions to stations on the Lexington Avenue Subway. In the construction contract the plaintiffs agreed to indemnify the city against claims by persons, including...

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