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ELDOH v. ASTORIA GENERATING COMPANY, LP

57 A.D.3d 603 (2008)

869 N.Y.S.2d 209

ELSAYED ELDOH, Plaintiff, v. ASTORIA GENERATING COMPANY, LP, et al., Defendants and Third-Party Plaintiffs, and AAR ENGINE COMPONENTS SERVICES, INC., Defendant and Third-Party Plaintiff-Respondent. AMERTECH INDUSTRIES, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant. (And Another Title.)

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

December 9, 2008.

Ordered that the order is affirmed insofar as appealed from, with costs.

In the absence of a legal duty to indemnify, a contractual promise to indemnify should not be found unless it can be clearly implied from the language and purpose of the entire agreement and the surrounding facts and circumstances (see Altchek v DiGennaro, 214 A.D.2d 527, 528 [1995]). A contract assuming an...

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