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CASTILLO v. BIG APPLE HYUNDAI

10339. 305548/12.

177 A.D.3d 473 (2019)

113 N.Y.S.3d 680

2019 NY Slip Op 08271

Ney Castillo, Respondent, v. Big Apple Hyundai, Defendant, and Safeguard NY I LLC, Respondent/Third-Party Plaintiff-Respondent. Red Hook Construction Group I LLC, Third-Party Defendant-Appellant.

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

Decided November 14, 2019.

This appeal centers on Red Hook I's contention that there was no operative written agreement between Safeguard NY I and Red Hook I governing plaintiff's demolition work, and even if there was, Red Hook I had no express written agreement to indemnify Safeguard NY I in connection with plaintiff's accident.

We agree with the motion court that the indemnification provision contained in the AIA Document A201™—2007...

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