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MARTINEZ v. TISHMAN CONSTR. CORP.

227 A.D.2d 298 (1996)

642 N.Y.S.2d 675

Manuel Martinez et al., Plaintiffs, v. Tishman Construction Corporation et al., Defendants and Third-Party Plaintiffs-Appellants. Heydt Contracting Corporation, Third-Party Defendant-Respondent

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

May 23, 1996

The IAS Court properly determined that appellants, as general contractor for the construction project, were not entitled to common-law or contractual indemnification from third-party defendant Heydt. There is no evidence that Heydt was negligent or otherwise liable for the injuries sustained by plaintiff (who was not an employee, subcontractor or agent of Heydt); that plaintiff's accident arose out of, in connection with, or as...

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