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EUROTECH CONSTR. CORP. v. ILLINOIS NATL. INS. CO.

650510/14. Appeal No. 12221. Case No. 2019-04314.

187 A.D.3d 664 (2020)

131 N.Y.S.3d 548

2020 NY Slip Op 06201

Eurotech Construction Corp., Appellant, v. Illinois National Insurance Company, Defendant, and Structure Tone, Inc., Respondent.

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

Decided October 29, 2020.

The motion court providently exercised its broad discretion in dismissing the first cause of action pursuant to CPLR 3211(a)(4) (see Shah v RBC Capital Mkts. LLC, 115 A.D.3d 444, 444-445 [1st Dept 2014]). Plaintiff's argument that it is not obligated to indemnify Structure Tone rests on its contention that the contractual indemnification agreements between them are unenforceable. However, as the court found, in the underlying personal...

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