BD. OF EDUC., UNION FREE SCH. DIST. NO. 3, TOWN OF BROOKHAVEN v. VALDEN ASSOCS., INC.


60 A.D.2d 617 (1977)

Board of Education, Union Free School District No. 3, Town of Brookhaven, Appellant, v. Valden Associates, Inc., et al., Respondents, et al., Defendants. (Action No. 1.) Board of Education, Union Free School District No. 3, Town of Brookhaven, Appellant, v. Aldoro Electric Corp., Respondent, et al., Defendants. (Action No. 2.)

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

December 19, 1977


Order affirmed, with one bill of $50 costs and disbursements to respondents appearing separately and filing separate briefs.

The subject agreement provides, inter alia, that "Owner, Contractor, and all subcontractors waive all rights, each against the others, for damages caused by fire or other perils covered by insurance * * * except such rights as they may have to the proceeds of insurance". That provision is not...

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