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CONRAD v. 105 STREET ASSOCIATES, LLC

55 A.D.3d 461 (2008)

866 N.Y.S.2d 635

RICHARD CONRAD, Plaintiff, v. 105 STREET ASSOCIATES, LLC, Appellant, et al., Defendants. 105 STREET ASSOCIATES, LLC, Third-Party Plaintiff-Appellant, et al., Third-Party Plaintiffs, v. LARRY E. KNIGHT, INC., et al., Third-Party Defendants, and JEM ERECTORS, INC., Third-Party Defendant-Respondent.

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

October 28, 2008.

The indemnification clause of JEM's subcontract requires JEM to indemnify 105 Street against claims and damages arising from the performance of JEM's work under the subcontract and attributable to its negligent acts or omissions. Further, under the subcontract, JEM was solely responsible for directing and supervising the subcontract work and obligated to take reasonable safety precautions with respect to its performance of the subcontract work. The record shows that plaintiff...

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