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MENDEZ v. BANK OF AM., N.A.

11196, 152189/12, 590517/12.

181 A.D.3d 419 (2020)

116 N.Y.S.3d 905

2020 NY Slip Op 01455

Juan Mendez, Plaintiff, v. Bank of America, N.A., et al., Respondents, et al., Defendant. Americon Construction, Inc., Third-Party Plaintiff-Respondent, v. Liberty Contracting Corp., Third-Party Defendant-Appellant.

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

Decided March 3, 2020.

Plaintiff was allegedly injured while performing demolition work in the course of his employment with Liberty, which had been retained by Americon for the work. Issues of fact exist as to whether terms and conditions containing an indemnification agreement were part of the purchase order between Americon and Liberty for the work. Further, even if those terms and conditions were part of the purchase order, issues of fact exist as...

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