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PORTER v. ANNABI

65 A.D.3d 1322 (2009)

885 N.Y.S.2d 769

MARJORIE P. PORTER et al., Plaintiffs, v. NANCY ANNABI et al., Respondents, and KEY BANK USA, N.A., Now Known as KEYBANK NATIONAL ASSOCIATION, Appellant. (And Third-Party Actions.)

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

Decided September 29, 2009.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly held, upon renewal, that the anti-subrogation rule applies to bar the cross claims of the defendant Key Bank USA, N.A., now known as Keybank National Association (hereinafter Key Bank), for contractual and/or common-law indemnification against the defendants Nancy Annabi and Iyad N. Annabi...

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