REYES v. ORIENT OVERSEAS ASSOCIATES


309 A.D.2d 682 (2003)

767 N.Y.S.2d 4

DOMINGO REYES, Plaintiff, v. ORIENT OVERSEAS ASSOCIATES et al., Defendants, and LYONS AND DONAHUE CONTRACTING, INC., Appellant, and ROYAL INDEMNITY COMPANY, Respondent. (And a Third-Party Action.)

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

Decided October 28, 2003.


The indemnity clause in the contract between defendant Royal Indemnity and its general contractor, Lyons and Donahue, unequivocally provides that Lyons and Donahue "is solely responsible for and agrees to indemnify and hold Royal harmless from and against any and all losses, claims (including costs, expenses and reasonable attorneys' fees) for or on account of * * * injuries of persons, caused by, resulting from, growing out of, or incident to the Work" except those "resulting...

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