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ELRAC, INC. v. CRUZ

182 Misc.2d 523 (1999)

699 N.Y.S.2d 647

ELRAC, INC., Plaintiff, v. CARLOS CRUZ et al., Defendants.

Civil Court, Queens County.

November 4, 1999.

Attorney(s) appearing for the Case

Carman & Lombardi, Farmingdale (James M. Carman and Stephanie L. Stein of counsel), for plaintiff.

Finder & Cuomo, L. L. P., New York City (Matthew A. Cuomo of counsel), for defendants.

OPINION OF THE COURT

MARTIN E. RITHOLTZ, J.

If an indemnitee fails to notify an indemnitor about an impending settlement, is the right to indemnity waived? This is one of the issues raised in relation to plaintiff's motion for summary judgment against the defendants seeking contractual indemnification, and serves as a basis for the cross motion by defendant Cruz for summary judgment dismissing this action.

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