McDONALD v. 450 WEST SIDE PARTNERS, LLC


70 A.D.3d 490 (2010)

895 N.Y.S.2d 372

KEVIN McDONALD, Plaintiff, v. 450 WEST SIDE PARTNERS, LLC, et al., Defendants. SAFEWAY STEEL PRODUCTS, Third-Party Plaintiff-Respondent, v. ALL-SAFE HEIGHT CONTRACTING CORP., Third-Party Defendant-Appellant.

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

Decided February 16, 2010.


All-Safe was hired by Safeway, as a subcontractor, to construct a "sidewalk bridge" in a designated location for a specified price. Safeway previously had been hired by the building owner and manager to perform such work. Safeway's June 2002 purchase order to All-Safe included an indemnification clause, providing that All-Safe would indemnify Safeway for personal injury litigation arising from its performance.

The purchase...

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