Because plaintiff was neither a party to, nor a third-party beneficiary of, the agreement between defendant-respondent Ogden and Cushman & Wakefield, it cannot rely upon the indemnity provision of that agreement. Accordingly, plaintiff's claims for breach of contract and indemnification were properly dismissed. By a parity of reasoning, the claims for negligent hiring and supervision must be dismissed. Also proper was the IAS Court's dismissal of plaintiff's claim against...
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