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KELLY v. DIMEO, INC.; WATERPROOFING CO.

No. 89-P-1343.

31 Mass. App. Ct. 626 (1991)

581 N.E.2d 1316

JAMES KELLY & others vs. DIMEO, INC.; THE WATERPROOFING COMPANY, third-party defendant.

Appeals Court of Massachusetts, Middlesex.

December 6, 1991.

Attorney(s) appearing for the Case

Owen Gallagher for Dimeo, Inc.

Jerry E. Benezra (David A. Hilton with him) for The Waterproofing Company.

Present: BROWN, DREBEN, & GREENBERG, JJ.

GREENBERG, J.

We are presented with a case which asks whether a subcontract provision between the defendant, The Waterproofing Company (Waterproofing), and its general contractor, Dimeo, Inc. (Dimeo), requires Waterproofing to indemnify Dimeo for the latter's payment of an injury claim by Waterproofing's employee. A Superior Court judge allowed Dimeo's claim for indemnification under the agreement. We affirm.

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