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TONKING v. PORT AUTHORITY OF NEW YORK

2 A.D.3d 213 (2003)

768 N.Y.S.2d 311

DAVID J. TONKING et al., Plaintiffs, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY et al., Defendants. (And a Third-Party Action.) BOVIS LEND LEASE LMB, INC., Formerly Known as LEHRER McGOVERN BOVIS, INC., Second Third-Party Plaintiff-Appellant, v. V.P.H. MECHANICAL CORP., Second Third-Party Defendant-Respondent.

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

December 11, 2003.

Bovis's third-party claim for contractual indemnification was properly dismissed. The agreement relied upon by Bovis, between VPH and defendant and third-party plaintiff Port Authority, in relevant part entitled the Port Authority and its agents to indemnification from VPH for liability arising from negligence by VPH in the performance of the contracted-for construction work. It is Bovis's contention that it has standing to seek indemnification under this agreement as an...

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