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TOURTELLOT v. HARZA ARCHITECTS, ENGINEERS AND CONSTRUCTION MANAGERS

55 A.D.3d 1096 (2008)

866 N.Y.S.2d 793

RICHARD TOURTELLOT, Plaintiff, v. HARZA ARCHITECTS, ENGINEERS AND CONSTRUCTION MANAGERS et al., Defendants, and DANIEL WOODHEAD COMPANY et al., Defendants and Third-Party Plaintiffs-Appellants. KENALL MANUFACTURING COMPANY, Third-Party Defendant-Respondent.

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

October 23, 2008.

Carpinello, J.

At all times relevant to this action, third-party defendant, Kenall Manufacturing Company, provided portable magnetic light fixtures to defendant Daniel Woodhead Company and/or defendant Woodhead L.P. (hereafter collectively referred to as Woodhead) pursuant to a private label purchasing agreement. The agreement contained a warranty clause pursuant to which Kenall warranted that all goods purchased would be free from defects and an indemnification clause...

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