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  5. 161 A.D.2d 288 (1990)
 

JOHNSTON v. NAT'L R.R. PASSENGER CORP. (AMTRAK)

161 A.D.2d 288 (1990)

Rosalie G. Johnston, Plaintiff, v. National Railroad Passenger Corp. (Amtrak), Respondent, and Allied Maintenance Corporation, Appellant

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

May 8, 1990

In this personal injury action, the jury awarded plaintiff damages and apportioned liability between Amtrak and Allied at 30% and 70%, respectively, When Amtrak sought indemnification from Allied on a clause contained in the maintenance contract between the two, Allied asserted that the contractual indemnification was barred by General Obligations Law § 5-322.1 to the extent Amtrak, as indemnitee, had itself been negligent...

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