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HURLEY v. BEST BUY STORES, L.P.

57 A.D.3d 239 (2008)

868 N.Y.S.2d 657

MICHAEL HURLEY, Plaintiff, v. BEST BUY STORES, L.P., et al., Defendants. SCHIMENTI CONSTRUCTION COMPANY, LLC, Third-Party Plaintiff-Respondent, v. SAGE ELECTRICAL CONTRACTING, INC., Third-Party Defendant-Appellant. BEST BUY STORES, L.P., et al., Second Third-Party Plaintiffs-Respondents, v. SAGE ELECTRICAL CONTRACTING, INC., Second Third-Party Defendant-Appellant.

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

December 4, 2008.

The contractual indemnification provision, which applies to claims "arising out of or in consequence" of performance by Sage of its work on the project, is broad enough to apply here, where plaintiff was injured while performing electrical work for Sage on the project (see Urbina v 26 Ct. St. Assoc., LLC, 46 A.D.3d 268 [2007]). However, defendants never moved for summary judgment dismissing the common-law negligence and Labor Law...

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