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FREITAS v. CITY OF NEW YORK

2008-02234.

66 A.D.3d 732 (2009)

886 N.Y.S.2d 349

2009 NY Slip Op 7373

GEOVANE FREITAS, Plaintiff, v. CITY OF NEW YORK et al., Defendants and Third-Party Plaintiffs-Respondents. ROMANO ENTERPRISES OF NEW YORK, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided October 13, 2009.

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

The contention of Romano Enterprises of New York, Inc. (hereinafter Romano), that the indemnification provision in its contract with general contractor Yonkers Contracting Co. did not manifest a clear intention for Romano to indemnify the City of New York and the New York City Department of Transportation (hereinafter together the City) is raised for the first time on appeal, and, therefore,...

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