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TRINITY PETROLEUM SYSTEMS, INC. v. L.A. WENGER CONTRACTING CO., INC.

262 A.D.2d 478 (1999)

691 N.Y.S.2d 321

TRINITY PETROLEUM SYSTEMS, INC., Respondent, v. L.A. WENGER CONTRACTING CO., INC., Appellant.

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

Decided June 14, 1999.

Ordered that the order is affirmed, with costs.

The defendant's contentions on appeal that the counterclaim alleged a valid indemnification claim and that General Obligations Law § 15-108 does not bar claims for indemnification, were not raised before the Supreme Court and, therefore, are unpreserved for appellate review (see, Jenkins v Meredith Ave. Assocs., 238 A.D.2d 477; Dannhauser v County of Suffolk,

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