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CAVANAUGH v. 4518 ASSOC.

9 A.D.3d 14 (2004)

776 N.Y.S.2d 260

PATRICK CAVANAUGH, Plaintiff, v. 4518 ASSOCIATES et al., Defendants, and AMBASSADOR CONSTRUCTION CO., INC., Defendant and Third-Party Plaintiff-Respondent. S&H CARPENTRY, Third-Party Defendant-Appellant.

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

May 11, 2004.

Attorney(s) appearing for the Case

Ahmuty, Demers & McManus (Brendan T. Fitzpatrick of counsel), for appellant.

Ohrenstein & Brown, LLP (Kenneth M. Labbate of counsel), for respondent.

BUCKLEY, P.J., TOM and SAXE, JJ., concur.

OPINION OF THE COURT

SULLIVAN, J.

This is an appeal from the grant of a postverdict motion for contractual indemnification in favor of a tortfeasor found 70% at fault for the accident causing plaintiff's injuries against another tortfeasor, a third-party defendant, found 30% at fault. The sole issue presented is whether such an award violates General Obligations Law § 5-322.1.

Plaintiff was injured in an accident on February 2, 1998 during the...

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