The motion court correctly determined that plaintiff, as subrogee of Corinno Civetta Construction Corp. (CCC), was not collaterally estopped from asserting that defendant Anthony Concrete Corp. (Anthony Concrete), based upon a contractual indemnification clause contained in the subcontract between CCC and Anthony Concrete, is liable for the defense costs plaintiff incurred in the underlying personal injury action. The determination of the trial court in the underlying action...
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