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REYES v. ACTIVE FIRE SPRINKLER CORP.

267 A.D.2d 70 (1999)

699 N.Y.S.2d 391

JOSE REYES, Respondent, v. ACTIVE FIRE SPRINKLER CORP., Respondent, and TRUSTEES OF ST. PATRICK'S CATHEDRAL IN THE CITY OF NEW YORK, Appellant. (And a Third-Party Action.)

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

Decided December 9, 1999.

Plaintiff, a maintenance worker at St. Patrick's Cathedral, was struck in the head by a falling piece of pipe that had been recently installed by co-defendant Active Fire Sprinkler Corp. In moving for summary judgment dismissing the negligence claim, the St. Patrick's Trustees also sought summary judgment over against Active Fire Sprinkler on the ground of indemnification, Active having allegedly breached its contractual obligation to obtain liability insurance covering St...

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