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COHEN v. ROCKEFELLER CENTER, INC.

284 A.D.2d 177 (2001)

726 N.Y.S.2d 254

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

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

Decided June 12, 2001.

Appellant subcontractor urges that it is entitled to summary judgment dismissing general contractor's third-party claim against it for contractual indemnification because plaintiff was not injured while performing work covered by their subcontract and the indemnity provision in that subcontract is applicable only if the claim for which indemnification is sought arises from work covered by the subcontract. However, the record discloses...

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