DE SOUZA v. EMPIRE TR. MIX, INC.

2015-07250, Index No. 502147/13.

155 A.D.3d 605 (2017)

63 N.Y.S.3d 473

2017 NY Slip Op 07588

JEFFERSON DE SOUZA, Plaintiff, v. EMPIRE TRANSIT MIX, INC., et al., Defendants, McGOWAN BUILDERS, INC., Respondent, and LIC RES, LLC, Appellant. (And a Third-Party Action.)

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

Decided November 1, 2017.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant LIC Res, LLC, which was for summary judgment on its cross claim for contractual indemnification against the defendant McGowan Builders, Inc., is granted.

The central issue on this appeal is whether the defendant McGowan Builders, Inc. (hereinafter McGowan), the construction manager at a construction site located on premises in Queens...

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