McDONALD v. 450 WEST SIDE PARTNERS, LLC


32 A.D.3d 741 (2006)

821 N.Y.S.2d 77

KEVIN McDONALD, Plaintiff, v. 450 WEST SIDE PARTNERS, LLC, et al., Defendants. SAFEWAY STEEL PRODUCTS, Third-Party Plaintiff-Respondent, v. ALL-SAFE HEIGHT CONTRACTING CORP., Third-Party Defendant-Appellant.

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

September 19, 2006.


The main action is for personal injuries sustained when plaintiff fell off a sidewalk bridge scaffold to which he was affixing a wire mesh catch-all. Plaintiff was employed by third-party defendant (All-Safe), which had been subcontracted to erect the sidewalk bridge by third-party plaintiff (Safeway). The subcontract, which is reflected in Safeway's purchase order to All-Safe, was entered into prior to the accident, contains a broad indemnification clause in favor of Safeway...

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