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PRESTIGE DECORATING AND WALLCOVERING, INC. v. UNITED STATES FIRE INSURANCE COMPANY

49 A.D.3d 406 (2008)

858 N.Y.S.2d 1

PRESTIGE DECORATING AND WALLCOVERING, INC., Plaintiff, v. UNITED STATES FIRE INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent. KENT M. SWIG, Third-Party Defendant-Appellant, et al., Third-Party Defendants. (And Three Related Actions and Third-Party Actions.)

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

Decided March 18, 2008.

It is undisputed that Swig's liability under the indemnity agreement extends to payments made to subcontractors working on the Beekman Project, as well as payments made to those subcontractors (Prestige Decorating and Wallcovering, Pace Plumbing Corp., P & H Supply Co. and A.D. Winston Corp.) who were the primary plaintiffs. These additional claims were thus properly included within the ambit of USFIC's rights against Swig (see George Cohen Agency v Donald S. Perlman...

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