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DINNOCENZO v. JORDACHE ENTERS., INC.

213 A.D.2d 219 (1995)

624 N.Y.S.2d 6

Anthony Dinnocenzo, Plaintiff, v. Jordache Enterprises, Inc., et al., Defendants American President Lines, Ltd., Third-Party Plaintiff-Respondent, v. Symplex Leasing, Inc., Third-Party Defendant-Appellant

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

March 14, 1995

We find no ambiguity in the indemnification provision of the contract between third-party defendant and third-party plaintiff requiring Symplex to indemnify American President Lines (APL) from liability "arising out of User's use, operation, possession or control" of the equipment leased by APL to Symplex. The Agreement, as a whole, indicates that the claim here asserted is the type of claim that the parties intended to be covered by the indemnification provision (Parsons...

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