STATE OF NEW YORK v. RICE MOHAWK U.S. CONSTRUCTION CO., LTD.


262 A.D.2d 114 (1999)

692 N.Y.S.2d 43

STATE OF NEW YORK, Respondent, v. RICE MOHAWK U.S. CONSTRUCTION CO., LTD., Respondent, and URS CONSULTANTS, INC., Appellant. (And a Third-Party Action.)

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

Decided June 15, 1999.


The IAS Court correctly determined that the State's contract with third-party defendant Yonkers for the rehabilitation of the Meeker Avenue viaduct in Brooklyn, and Yonkers's subcontract with defendant and third-party plaintiff Rice Mohawk, which incorporates the prime contract and its indemnification clause, require Rice Mohawk to indemnify and hold harmless not only the State but any consultants, such as defendant URS, retained by the State. However, it erroneously awarded...

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