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KOCIS v. THE UNIFICATION CHURCH

34 A.D.3d 348 (2006)

824 N.Y.S.2d 291

ROBERT KOCIS et al., Plaintiffs, v. THE UNIFICATION CHURCH, Also Known as HOLY SPIRIT OF THE UNIFICATION OF WORLD CHRISTIANITY, et al., Defendants. THE UNIFICATION CHURCH, Also Known as HOLY SPIRIT OF THE UNIFICATION OF WORLD CHRISTIANITY, et al., Third-Party Plaintiffs-Appellants, v. NEW YORK ELEVATOR CO., INC., Third-Party Defendant-Respondent. (And Another Action.)

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

Decided November 21, 2006.

This Labor Law action arises out of an accident in which third-party defendant New York Elevator's employee was injured during the course of his employment at premises owned and managed by third-party plaintiffs. Third-party plaintiffs' claim for contractual indemnification from New York Elevator was properly dismissed because the maintenance agreement upon which the contractual indemnification claim is premised contains no unmistakably...

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