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PENA v. CHATEAU WOODMERE CORP.

304 A.D.2d 442 (2003)

759 N.Y.S.2d 451

GERMAN PENA, Plaintiff, v. CHATEAU WOODMERE CORP. et al., Appellants-Respondents, et al., Defendant. CHATEAU WOODMERE CORP., Third-Party Plaintiff-Respondent-Appellant, v. BERNINI CONSTRUCTION, Third-Party Defendant-Appellant-Respondent.

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

Decided April 22, 2003.

Plaintiff was injured in a fall from a scaffold while employed by third-party defendant Bernini Construction, a contractor hired to perform exterior waterproofing on premises owned by defendant and third-party plaintiff Chateau Woodmere and managed by defendant Leebar. Defendant Chateau impleaded Bernini into this action, seeking judgment based upon the contractual indemnification provision of a standard Architectural Institute of America (AIA) contract signed by Bernini...

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