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SAPPER v. ST. VINCENT'S HOSP. & MED. CTR. OF NEW YORK

190 A.D.2d 549 (1993)

Howard Sapper et al., Plaintiffs, v. St. Vincent's Hospital and Medical Center of New York et al., Defendants and Third-Party Plaintiffs-Appellants. Lowy and Donnath, Third-Party Defendant-Respondent and Second Third-Party Plaintiff-Respondent; Morell Brown Contractors, Inc., Second Third-Party Defendant-Respondent

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

February 9, 1993

On July 15, 1980, defendant Turner Construction Company entered into a contract with third-party defendant Lowy and Donnath (hereafter Lowy) for the performance by Lowy of the electrical work in the construction of a building at defendant St. Vincent's Hospital. The contract provided as here pertinent that Lowy assumed responsibility for injuries to any persons arising out of performance of the electrical work, and that "[e]xcept to the extent, if any, expressly prohibited...

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