LINARELLO v. CITY UNIVERSITY OF NEW YORK


6 A.D.3d 192 (2004)

774 N.Y.S.2d 517

JOSEPH LINARELLO et al., Plaintiffs, v. CITY UNIVERSITY OF NEW YORK, Defendant, and MORSE DIESEL INTERNATIONAL, INC., Defendant and Third-Party Plaintiff-Appellant. JAGLER INDUSTRIES, INC., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant. (And a Second Third-Party Action.)

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

April 6, 2004.


The indemnification clause in Jagler's contract with the site's owner, the State Dormitory Authority, invoked by Morse Diesel, provides that Jagler is to indemnify the owner and construction manager for any and all losses they sustain as a result of any or all injuries to any and all persons arising out of or occurring in connection with Jagler's work, excepting only injuries that arise out of faulty designs or the affirmative acts of the owner or construction manager committed...

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