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MATTHIUS v. PLATINUM ESTATES, INC.

2009-03832.

74 A.D.3d 908 (2010)

903 N.Y.S.2d 477

ROBERT H. MATTHIUS, Plaintiff/Third Third-Party Defendant, et al., Plaintiff, v. PLATINUM ESTATES, INC., Defendant/Third-Party Plaintiff/Third Third-Party Plaintiff/Fourth Third-Party Plaintiff-Respondent, GRYMES HILL ESTATES, INC., Defendant/Second Third-Party Plaintiff-Respondent, and JOHN CULOTTA et al., Defendants/Third-Party Defendants/Second Third-Party Plaintiffs-Respondents. JAC CONSTRUCTION CORP., Second Third-Party Defendant/Fourth Third-Party Defendant-Appellant.

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

Decided June 8, 2010.

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

JAC Construction Corp. (hereinafter JAC) entered into a written agreement (hereinafter the indemnification agreement) with Grymes Hill Estates, Inc. (hereinafter Grymes Hill), of which John Culotta and Robert Ricca are the principals, on January 4, 2002. In that agreement...

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