KING v. CITY OF NEW YORK


186 A.D.2d 491 (1992)

William King, Respondent, v. City of New York, Defendant, and New York City Board of Education et al., Appellants

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

October 27, 1992


We find that defendant New York City Board of Education is entitled to full indemnification against defendant Caldwell Farms pursuant to the indemnification and hold harmless clauses in their contract, despite the existence of negligence on its part (see, Ryan v City of New York, 175 A.D.2d 780, lv denied 79 N.Y.2d 757).

Based upon the testimony of plaintiff and a school aide, the jury could rationally conclude...

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