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  5. 54 N.Y.2d 938 (1981)
 

AUTERA v. ARLEN REALTY & DEV. CORP.

54 N.Y.2d 938 (1981)

Pasqualina Autera et al., Respondents, v. Arlen Realty & Development Corp., Doing Business as Korvettes, Respondent, and Midtown Neon Sign Corp., Appellant.

Court of Appeals of the State of New York.

Decided October 22, 1981.

Attorney(s) appearing for the Case

Ignatius John Melito, J. Robert Morris, L. Kevin Sheridan and Steven Di Joseph for appellant.

Bert W. Subin and Sally Weinraub for plaintiff-respondent.

Marc E. Richards and Alan M. Rubin for defendant-respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and MEYER concur in memorandum; Judge WACHTLER taking no part.

MEMORANDUM.

The order of the Appellate Division should be reversed and the cross complaint dismissed, with costs.

The record developed at trial reveals no evidence connecting defendant Midtown Neon Sign Corp. with the accident. Under the indemnification clause in the service contract between defendant Arlen Realty & Development Corp., doing business as Korvettes, and Midtown, the latter only agreed to assume ...

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