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MOSS v. McDONALD'S CORPORATION

34 A.D.3d 656 (2006)

825 N.Y.S.2d 497

SCOTT MOSS, Plaintiff, v. McDONALD'S CORPORATION et al., Respondents, and ALL AMERICAN CONTRACTING CORPORATION, Appellant.

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

Decided November 21, 2006.

Ordered that the order and interlocutory judgment is reversed, on the law, with one bill of costs, and those branches of the separate cross motions of the defendants HVCA, LLC, and McDonald's Corporation which were for summary judgment on their cross claims for contractual indemnification are denied.

While a party "who is held liable in the absence of negligence, pursuant to Labor Law § 240 (1), may be entitled to contractual...

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