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SAUER v. XEROX CORPORATION

286 A.D.2d 871 (2001)

731 N.Y.S.2d 105

MARK E. SAUER et al., Plaintiffs, v. XEROX CORPORATION, Respondent, and BOLDT CONSTRUCTION COMPANY, Appellant, et al., Defendant.

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

Decided September 28, 2001.

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted the motion of defendant-third-party plaintiff Xerox Corporation (Xerox) seeking attorney's fees and costs associated with its defense of the underlying Labor Law action. Pursuant to a contract between Xerox, the owner of the premises, and defendant and third-party plaintiff The Boldt Construction Company (Boldt), the construction manager, Boldt was obligated to indemnify Xerox...

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