PORTELLI v. TRUMP EMPIRE STATE PARTNERS


12 A.D.3d 280 (2004)

786 N.Y.S.2d 5

FRANK PORTELLI, Plaintiff, v. TRUMP EMPIRE STATE PARTNERS et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. CLAY DRYWALL, Third-Party Defendant-Appellant-Respondent.

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

November 23, 2004.


When third-party defendant signed and submitted the winning bid and was awarded the contract, it manifested assent to the terms of third-party plaintiffs' offer as set forth in the Project Specifications and the Empire State Building Standards, Specifications and Guidelines, including provisions for indemnification and procurement of insurance. Since the parties entered into this written indemnification agreement prior to the date of plaintiff's accident, the indemnification...

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