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BARNES v. NEW YORK MERCANTILE EXCHANGE, INC.

2 A.D.3d 184 (2003)

769 N.Y.S.2d 224

RICKY BARNES, Plaintiff, v. NEW YORK MERCANTILE EXCHANGE, INC., et al., Defendants. AJ CONTRACTING COMPANY, INC., Third-Party Plaintiff-Appellant, v. FOREST DATACOM SERVICES INC., Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And Other Actions.)

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

December 9, 2003.

AJ, the general contractor for the project on which plaintiff was working when he was injured, is entitled, under article 9.3 of the general conditions of the subcontract, to be indemnified by Forest, the subcontractor that employed plaintiff, for AJ's stipulated settlement payment to plaintiff. Article 9.3 obligates Forest to indemnify AJ against all loss "arising out of, or in any way relating to the performance of this Contract, and [Forest] agrees to provide and maintain...

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