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ZAREM v. CITY OF NEW YORK

6 A.D.3d 276 (2004)

774 N.Y.S.2d 695

ROBERT ZAREM, Plaintiff, v. CITY OF NEW YORK et al., Defendants, INFINITY OUTDOOR, INC., Respondent, and SHELTER EXPRESS CORP., Appellant.

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

April 20, 2004.

Plaintiff was allegedly injured when, on a snowy night, he tripped on a sidewalk defect adjacent to a bus shelter and slipped on some ice. The area was maintained by Shelter Express pursuant to a contract whereby it agreed to indemnify Infinity Outdoor for liability arising from the former's performance of its work under the agreement, "whether by negligence or otherwise." While questions of fact exist as to whether Shelter Express was negligent and whether any such negligence...

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