TONKING v. PORT AUTH.


3 N.Y.3d 486 (2004)

821 N.E.2d 133

787 N.Y.S.2d 708

DAVID J. TONKING et al., Plaintiffs, v. PORT AUTHORITY OF NEW YORK AND NEW JERSEY et al., Defendants. (And a Third-Party Action.) BOVIS LEND LEASE LMB, INC., Formerly Known as LEHRER McGOVERN BOVIS, INC., Second Third-Party Plaintiff-Appellant, v. V.P.H. MECHANICAL CORP., Second Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided December 2, 2004.


Attorney(s) appearing for the Case

Newman Fitch Altheim Myers, P.C., New York City (Michael H. Zhu, Abraham S. Altheim and Steven N. Shapiro of counsel), for second third-party plaintiff-appellant.

Callan, Koster, Brady & Brennan, LLP, New York City (Michael P. Kandler and Jason E. Goldberg of counsel), for second third-party defendant-respondent.

Chief Judge KAYE and Judges G.B. SMITH, CIPARICK, GRAFFEO, READ and R.S. SMITH concur.


OPINION OF THE COURT

ROSENBLATT, J.

This case involves a dispute over the scope of an indemnification clause in a renovation contract between the owner of a building and a contractor. The agreement obligated the contractor to indemnify the owner and, among others, the owner's "agents" for certain claims arising out of the project. The question before us is whether a firm that performed management services...

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