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GREENBERG v. CITY OF NY

81 A.D.2d 284 (1981)

Bruce Greenberg, Plaintiff, v. City of New York et al., Defendants, and Najjar Industries, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents Traynor & Hansen Corp., Third-Party Defendant-Appellant

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

June 29, 1981

Attorney(s) appearing for the Case

McLaughlin, Simone & Lawlor (James M. McLaughlin, Jr. and Thomas E. Paterson of counsel), for appellant.

Fetell & Coen, P. C. (Lester E. Fetell of counsel), for defendants and third-party plaintiffs-respondents.

MOLLEN, P. J., MARGETT and WEINSTEIN, JJ., concur.

O'CONNOR, J.

The sole issue on this appeal (pursuant to the parties' stipulation) is whether a subcontractor must indemnify its general contractor, pursuant to the terms of a contract of indemnity, for injuries to the subcontractor's employee. The general contractor contends that such indemnification is required, since the injury arose out of the employee's performance of the said contract. We agree, and hold...

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