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WINSTEL v. ROMAR WNY PROPERTIES, LLC

CA 11-01280.

90 A.D.3d 1552 (2011)

934 N.Y.S.2d 903

2011 NY Slip Op 9448

ROBERT V. WINSTEL, JR., et al., Plaintiffs, v. ROMAR WNY PROPERTIES, LLC, Defendant/Third-Party Plaintiff-Respondent. ROMAR MECHANICAL SERVICES, HARLEM ROAD, INC., Third-Party Defendant-Appellant.

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

Decided December 23, 2011.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Robert V. Winstel, Jr. (plaintiff) when he slipped and fell on property owned by defendant/third-party plaintiff (defendant) and leased to third-party defendant, plaintiff's employer, pursuant to a commercial lease that contained an indemnification clause. Defendant thereafter commenced a...

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