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COHEN v. ROCKEFELLER CENTER, INC.

292 A.D.2d 151 (2002)

744 N.Y.S.2d 1

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 March 5, 2002.

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

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