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TEDESCO v. NIAGARA MOHAWK POWER CORP.

142 A.D.2d 932 (1988)

Santo Tedesco et al., Respondents, v. Niagara Mohawk Power Corporation et al., Appellants and Third-Party Plaintiffs-Appellants, and A. O. Stillwell Co., Inc., Third-Party Plaintiff-Appellant. Arrow Sheet Metal Works of Buffalo, Inc., Third-Party Defendant-Respondent

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

July 7, 1988

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following memorandum: Special Term erred in denying the motions of Niagara Mohawk Power Corporation (Niagara Mohawk) and Stimm Associates, Inc. (Stimm) for summary judgment on their respective contractual indemnification claims. The clause requiring Stimm to indemnify Niagara Mohawk expressly provided that indemnification would be required whether Niagara Mohawk was solely...

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