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KOSS v. BOARD OF TRUSTEES OF THE FASHION INSTITUTE OF TECHNOLOGY

281 A.D.2d 200 (2001)

727 N.Y.S.2d 303

VALERIE KOSS, Plaintiff, v. BOARD OF TRUSTEES OF THE FASHION INSTITUTE OF TECHNOLOGY, Defendant and Third-Party Plaintiff-Appellant. OGDEN ALLIED BUILDING AND SUPPORT SERVICES, Third-Party Defendant-Respondent.

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

Decided March 8, 2001.

Since the agreement pursuant to which the third-party defendant provided building and grounds services contains no indemnification provision, the third-party plaintiff's proposed cause of action for contractual indemnification was plainly without merit and, thus, leave to amend the third-party complaint so as to add the proposed cause for contractual indemnification was properly denied (see, Sharon Ava & Co. v Olympic Tower...

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