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WARNETT v. A.J. PEGNO CONSTRUCTION CORP.

1 A.D.3d 207 (2003)

767 N.Y.S.2d 107

DONALD WARNETT et al., Plaintiffs, v. A.J. PEGNO CONSTRUCTION CORP., Respondent, and GRACE INDUSTRIES, INC., Appellant.

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

November 18, 2003.

Plaintiff engineer was allegedly injured as he jumped out of the way of a backhoe operated by an employee of defendant subcontractor Grace Industries in connection with Grace's installation of a water main at a construction site. The subcontract pursuant to which Grace's work was performed provided that Grace would indemnify defendant contractor A.J. Pegno for liability arising from Grace's work or operations, irrespective of its...

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