ELESCANO v. EIGHTH-19TH COMPANY, LLC


13 A.D.3d 80 (2004)

785 N.Y.S.2d 447

RUBEN ELESCANO, Plaintiff, v. EIGHTH-19TH COMPANY, LLC, Defendant and Third-Party Plaintiff-Respondent. A & T CONSTRUCTION CORP., Third-Party Defendant-Appellant.

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

December 7, 2004.


Plaintiff, an employee of third-party defendant (A&T), was allegedly injured at 11:45 a.m. on December 8, 2000 while working at defendant/third-party plaintiff's (Eighth) premises at 259 West 19th Street in Manhattan. The agreement under which this work was to be done was drafted by A&T and included an indemnification clause favoring Eighth for "claims . . . arising out or resulting from performance of the Work." The facts...

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