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SIMONE v. LIEBHERR CRANES, INC.

2010-11102

90 A.D.3d 1019 (2011)

935 N.Y.S.2d 337

2011 NY Slip Op 9619

DANIEL SIMONE, JR., et al., Plaintiffs, v. LIEBHERR CRANES, INC., et al., Defendants, BEYS CONTRACTING, INC., Defendants/Second Third-Party Plaintiff-Respondent, and RESUN LEASING, INC., Defendant/Second Third-Party Defendant-Appellant. (And Other Third-Party Actions.)

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

Decided December 27, 2011.

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

The contract between the defendant Resun Leasing, Inc. (hereinafter the appellant), as subcontractor, and the defendant Beys Contracting, Inc. (hereinafter the respondent), as contractor provided that "[t]o the extent permitted by law, Subcontractor shall indemnify, hold harmless and defend . . . Contractor. . . and [its] agents and employees . . . from and against all claims, damages, losses...

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