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GFE JEROME AVE. LLC v. STEPH-LEIGH ASSOC., LLC

Index No. 33597/18. Appeal No. 13498. Case No. 2019-04629.

193 A.D.3d 435 (2021)

144 N.Y.S.3d 42

2021 NY Slip Op 02086

GFE Jerome Avenue LLC, Plaintiff, v. Steph-Leigh Associates, LLC, Defendant/Third-Party Plaintiff-Respondent. Weiner Architecture Group LLC et al., Third-Party Defendants-Appellants, et al., Third-Party Defendants.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Meister Seelig & Fein LLP, New York ( Eugene Meyers of counsel), for appellants.

Kenneth C. Henry, Jr., P.C., Westbury ( Kenneth C. Henry, Jr. of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, González, Shulman, JJ.

A contract assuming the duty to indemnify will be strictly construed (see 546-552 W. 146th St. LLC v Arfa, 99 A.D.3d 117, 121-122 [1st Dept 2012]). The indemnification agreements at issue provided, in pertinent part, that WAG and JFZ would indemnify SLA for liability arising out of renovation work to be performed at the premises. The liability asserted against SLA in the main action arose prior to the start of the renovation work...

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