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WATRAL & SONS v. OC RIVERHEAD

10 N.Y.3d 180 (2008)

884 N.E.2d 1048

855 N.Y.S.2d 49

WATRAL & SONS, INC., Appellant, v. OC RIVERHEAD 58, LLC, Respondent, et al., Defendants.

Court of Appeals of the State of New York.

Decided March 18, 2008.

Attorney(s) appearing for the Case

Eric Schneider, Kingston, for appellant.

Siller Wilk LLP, New York City (M. William Scherer of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

READ, J.

This appeal calls upon us to interpret provisions in a construction contract (AIA Document A201/CM [1980]1) to determine if Watral & Sons must indemnify landowner OC Riverhead 58 for damages allegedly sustained by a neighboring landowner, Adchem Corporation, during Watral's performance of excavation work on OC's property. For the reasons that...

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