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LEAHEY v. ALCAN ROLLED PRODS. CO., INC.

233 A.D.2d 851 (1996)

649 N.Y.S.2d 855

Robert J. Leahey et al., Plaintiffs, v. Alcan Rolled Products Company, Inc., et al., Defendants Fluor Daniel, Inc., Third-Party Plaintiff-Respondent, v. Visconti Corporation, Third-Party Defendant-Appellant. (Appeal No. 2.)

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

November 8, 1996

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted the motion of defendant third-party plaintiff, Fluor Daniel, Inc. (Fluor Daniel), for summary judgment on the issue of contractual indemnification. The accident occurred during the performance of the contract while plaintiff Robert J. Leahey was traveling a designated path to his work site. Fluor Daniel acted as the agent of the...

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