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COHEN v. ROCKEFELLER CENTER, INC.

289 A.D.2d 24 (2001)

733 N.Y.S.2d 607

MARTIN COHEN et al., Respondents, v. ROCKEFELLER CENTER, INC., et al., Defendants, BOZZELL WORLDWIDE, INC., et al., Respondents-Appellants, and HERBERT CONSTRUCTION COMPANY, INC., Appellant-Respondent and Third-Party Plaintiff-Appellant. JWP FOREST ELECTRIC CORP., Third-Party Defendant-Respondent. (And Other Actions.)

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

Decided December 4, 2001.

The motion court correctly found on reargument that plaintiff was not injured while engaged in work covered by the subcontract between Forest Electric and Herbert and, accordingly, that Herbert is not entitled to contractual indemnification pursuant to that subcontract. Our prior order in this matter (284 A.D.2d 177), affirming the motion court's original determination that there were factual issues as to whether plaintiff's work at the...

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