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VIGLIAROLO v. SEA CREST CONSTRUCTION CORPORATION

16 A.D.3d 409 (2005)

791 N.Y.S.2d 163

CARL VIGLIAROLO et al., Plaintiffs, v. SEA CREST CONSTRUCTION CORPORATION et al., Defendants and Third-Party Plaintiffs-Appellants. PILE FOUNDATION CONSTRUCTION CO., INC., Third-Party Defendant-Respondent.

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

March 7, 2005.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the cross motion of the third-party defendant, Pile Foundation Construction Co., Inc. (hereinafter Pile), which was for summary judgment dismissing the third-party cause of action for contractual indemnification. In the absence of a legal duty to indemnify, a contractual promise to indemnify should not...

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