NACLERIO v. C.R. KLEWIN, INC.


293 A.D.2d 588 (2002)

740 N.Y.S.2d 237

FREDERICK NACLERIO et al., Plaintiffs, v. C.R. KLEWIN, INC., Defendant and Third-Party Plaintiff-Appellant. JAMES LYONS, Doing Business as GENERAL CONTRACTING, et al., Third-Party Defendants. KENDLAND COMPANY, INC., Third-Party Defendant-Respondent.

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

Decided April 15, 2002.


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted that branch of the motion of the respondent, a subcontractor, which was for summary judgment dismissing the appellant general contractor's third-party cause of action for contractual indemnification. The indemnification clause is triggered only in the event of a finding of negligence on the part of the subcontractor or its agents or employees. There is no basis in the record to find...

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