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FORBES v. CITY OF NEW YORK

272 A.D.2d 221 (2000)

708 N.Y.S.2d 380

NED K. FORBES et al., Plaintiffs, v. CITY OF NEW YORK et al., Respondents, and NEW YORK CITY SCHOOL CONSTRUCTION AUTHORITY, Defendant and Third-Party Plaintiff-Respondent. NATIONAL RESTORATION CONTRACTORS, INC., Sued Herein as NATIONAL RESTORATIONS CORPORATION, Third-Party Defendant-Appellant.

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

Decided May 23, 2000.

The commercial general liability insurance policy procured by the general contractor, third-party plaintiff New York City School Construction Authority (NYCSCA), which provided general liability coverage to all subcontractors, including third-party defendant National Restoration Contractors (NRC), contained an endorsement providing, "[w]e waive any right of recovery we may have against the [named insured] because of payments we make for injury or damages arising out of `your...

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