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A. SERVIDONE, INC. v. COMMERCIAL UNDERWRITER'S INSURANCE COMPANY

7 A.D.3d 942 (2004)

777 N.Y.S.2d 526

A. SERVIDONE, INC., Respondent-Appellant, v. COMMERCIAL UNDERWRITER'S INSURANCE COMPANY et al., Appellants-Respondents, et al., Defendants.

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

May 20, 2004.

Crew III, J.P.

In August 1998, plaintiff contracted with the State of New York to perform certain highway construction work in the Town of Newburgh, Orange County. That contract, in turn, contained various provisions regarding insurance and indemnification in the event the State was sued as the result of an accident related to the construction project.

In September 1999, Ian Rodgers, one of plaintiff's employees working at the Newburgh site, was killed when...

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