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KATZ v. CITY OF NEW YORK

203 A.D.2d 179 (1994)

610 N.Y.S.2d 521

Sylvia Katz et al., Plaintiffs, v. City of New York, Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Anthony Grace and Sons, Inc., Third-Party Defendant-Appellant

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

April 26, 1994

Third-party defendant's challenge to third-party plaintiff's claim for indemnification is based on the doctrine of preindemnification squarely rejected by the Court of Appeals in North Star Reins. Corp. v Continental Ins. Co. (82 N.Y.2d 281, 291-294). Nor should third-party plaintiff's failure to timely notify its insurer of plaintiff's underlying claim, resulting in the loss of its own...

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