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LEITAO v. DAMON G. DOUGLAS CO.

301 N.J. Super. 187 (1997)

AGOSTINHO LEITAO AND ELIZABETH LEITAO, PLAINTIFFS-RESPONDENTS, v. DAMON G. DOUGLAS COMPANY, TORSIELLO COMPANY & SONS, INC., DEFENDANTS-RESPONDENTS, JOHN F. KENNEDY HOSPITAL, AND THE ABC COMPANY, DEFENDANTS. DAMON G. DOUGLAS COMPANY, DEFENDANT-RESPONDENT/THIRD PARTY PLAINTIFF, v. S & J ELECTRICAL CONTRACTORS, THIRD-PARTY DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 22, 1997.

Attorney(s) appearing for the Case

Edward L. Thornton argued the cause for appellant (Methfessel & Werbel, attorneys; Mr. Thornton, on the brief).

Paul J. Soderman argued the cause for respondent Damon G. Douglas Co. (Zucker, Facher & Zucker, attorneys; Mr. Soderman, on the brief).

The brief of respondents Agostinho Leitao and Elizabeth Leitao was suppressed.

The brief of respondent Torsiello Company & Sons, Inc. was suppressed.

Before BAIME, PAUL G. LEVY and BRAITHWAITE, JJ.

The opinion of the court was delivered by BAIME, J.A.D.

This appeal requires us to construe an indemnification clause in an agreement between a general contractor and a subcontractor. The clause requires the subcontractor to indemnify the contractor for all claims caused in whole or in part by a negligent act of the subcontractor or its employees regardless of whether they also are caused in part by the contractor...

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