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GAUDINO v. CITY OF NEW YORK

265 A.D.2d 298 (1999)

695 N.Y.S.2d 614

LISA GAUDINO et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants, CATHERINE GAUDINO, Appellant, and ELRAC, INC., Respondent.

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

Decided October 4, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

CPLR 3101 (a) provides, inter alia, that "[t]here shall be full disclosure of all [evidence] material and necessary in the prosecution or defense of an action". This Court has repeatedly upheld the validity and enforceability of the indemnification provision at issue in this case, regardless of the reference concerning the availability of primary insurance coverage contained in the application...

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