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CUNHA v. CITY OF NEW YORK

12 N.Y.3d 504 (2009)

SEVERINO CUNHA et al., Plaintiffs, v. CITY OF NEW YORK, Defendant and Third-Party Plaintiff-Respondent. HAKS ENGINEERS, P.C., Third-Party Defendant-Appellant.

Court of Appeals of New York.

Decided June 9, 2009.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP, White Plains (Michael A. Heran of counsel), for third-party defendant-appellant.

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York City (Joel M. Simon of counsel), for defendant and third-party plaintiff-respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH and JONES concur.

OPINION OF THE COURT

PIGOTT, J.

Plaintiff was injured while working on a roadway excavation in Brooklyn. The City of New York had hired plaintiff's employer, JLJ Enterprises, Inc., as the prime contractor for the work and HAKS Engineers, P.C. to perform engineering inspection services in connection with the project. The contract between the City and HAKS contained certain indemnification provisions.

On May 14, 2002, city employees, as well as inspectors...

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