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NICHOLSON v. SABEY DATA CENTER PROPERTIES, LLC

6380 156351/12.

160 A.D.3d 587 (2018)

72 N.Y.S.3d 445

2018 NY Slip Op 02892

Sherlock Nicholson, Plaintiff, v. Sabey Data Center Properties, LLC, et al., Defendants. (And a Third-Party Action.) Select Safety Consulting Services, Inc., Second Third-Party Plaintiff-Appellant, v. Cirocco and Ozzimo, Inc., Second Third-Party Defendant-Respondent.

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

Decided April 26, 2018.

The subcontract between Cirocco and defendant Sabey Construction, Inc. neither identified second third-party plaintiff (Select) as an "agent" nor included Select in the entities identified in the indemnification provision. Thus, it did not "spell out" an obligation on Cirocco's part to indemnify Select, and no such obligation will be read into it (see Tonking v Port Auth. of N.Y. & N.J., 3 N.Y.3d 486...

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