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ENCARNACION v. POWELL L.P.

258 A.D.2d 339 (1999)

685 N.Y.S.2d 227

ANTONIO ENCARNACION, Plaintiff, v. MANHATTAN POWELL L.P. et al., Defendants and Third-Party Plaintiffs-Appellants. VERTICAL DESIGN CONSTRUCTION CORP., Third-Party Defendant-Respondent. (And a Fourth-Party Action.)

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

Decided February 18, 1999.

Plaintiff, a bricklayer employed by third-party defendant Vertical Design Construction Corp., a subcontractor, was shot by an unknown assailant at the work site. Defendants and third-party plaintiffs Manhattan Powell L.P. and State Construction & Development Corp. are the owner of the premises and general contractor on the job, respectively. In its subcontract with State, Vertical had agreed to indemnify and hold harmless Manhattan and State from any claims arising out...

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