KALNING v. HOWELL CONSTR CO


106 Misc.2d 967 (1981)

Henry Kalning, Plaintiff, v. E. W. Howell Construction Company et al., Defendants.

Supreme Court, Trial Term, Queens County.

March 4, 1981


Attorney(s) appearing for the Case

Melvin Sacks for plaintiff. Craig & Skydel for defendant. Maloney, Murphy & McLoone for Oxhandler. Rosa & McManus for Eddy Construction. Seymour H. Metnick for Chambles Inc.


HAROLD HYMAN, J.

Defendant, Oxhandler, asserting a right to proceed against the third/fourth-party defendant, Eddy, upon the basis of "Contractual Indemnification", has now produced the documentation, requested by the court in its order of January 22, 1981, which it claims supports its position. The movant's contention is opposed by Eddy.

The respective vertical positions of the parties are:

"General Contractor" is E. W. Howell Co; Oxhandler...

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