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EVERSFIELD v. BRUSH HOLLOW REALTY, LLC

2009-00823.

75 A.D.3d 492 (2010)

904 N.Y.S.2d 759

ROBERT EVERSFIELD, Plaintiff, v. BRUSH HOLLOW REALTY, LLC, et al., Defendants/Third-Party Plaintiffs-Appellants, et al., Defendants. NASTASI AND ASSOCIATES, INC., Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

Decided July 6, 2010.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the third-party defendant's motion which was for summary judgment dismissing the third-party cause of action for contractual indemnification is denied.

The appellants Cauldwell-Wingate Company, Inc., and Cauldwell-Wingate Company, LLC (hereinafter together Cauldwell), were the general contractors for a construction project. The appellant Brush Hollow Realty, LLC...

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