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BASHANT v. MID-WESTCHESTER REALTY ASSOCIATES, LLC

31 A.D.3d 680 (2006)

818 N.Y.S.2d 478

BRETT BASHANT et al., Plaintiffs, v. MID-WESTCHESTER REALTY ASSOCIATES, LLC, et al., Defendants and Third-Party Plaintiffs-Respondents. H.E. PALMER SERVICE CORP., Third-Party Defendant-Appellant.

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

July 25, 2006.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly granted that branch of the cross motion of the defendants third-party plaintiffs which was for summary judgment on the third-party cause of action for contractual indemnification. The third-party cause of action for contractual indemnification is viable, insofar as the third-party defendant is contractually obligated to indemnify the third-party...

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