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FED. INS. CO. v. WALKER

53 N.Y.2d 24 (1981)

Federal Insurance Company, Respondent, v. Alexander D. Walker, Jr., Individually and as Administrator of The Estate of Helen E. Walker, Deceased, Defendant-Appellant and Third-Party Plaintiff-Respondent. Union Camp Corporation et al., Third-Party Defendants-Appellants.

Court of Appeals of the State of New York.

Decided May 14, 1981.

Attorney(s) appearing for the Case

Charles M. Newman, Barry Singer and William A. Zutt for defendant-appellant and third-party plaintiff-respondent.

Richard J. Cunningham, Henry L. King and Ahuva Genack for third-party defendants-appellants.

Arthur N. Lambert, William R. Mait and Michael Maillet for respondent.

Chief Judge COOKE and Judges JONES, WACHTLER and FUCHSBERG concur with Judge GABRIELLI; Judge JASEN dissents in part and votes to affirm in all respects in a separate opinion; Judge MEYER taking no part.

GABRIELLI, J.

In this case, we are asked to consider whether the terms of an indemnity agreement preclude the indemnitor from maintaining a third-party action in negligence against the indemnitee. Also presented for our consideration is the question whether an indemnitor is obligated to reimburse an indemnitee for losses occasioned by the indemnitee's own failure to act within a reasonable time in order to mitigate...

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