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CASCADE BLDRS. CORP. v. RUGAR

529554.

193 A.D.3d 1283 (2021)

147 N.Y.S.3d 739

2021 NY Slip Op 02571

Cascade Builders Corp., Appellant-Respondent, v. John Rugar, Doing Business as Jack Rugar Painting, et al., Appellants, and Benjamin Moore & Co., Respondent.

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

Decided April 29, 2021.

Attorney(s) appearing for the Case

Thorn Gershon Tymann & Bonanni, LLP, Albany ( Erin Mead of counsel), for appellant-respondent.

Flink Maswick Law PLLC, Lake Placid ( James L. Maswick of counsel), for John Rugar and another, appellants.

Farber Brocks & Zane LLP, Garden City ( Andrew J. Mihalick of counsel), for Utica First Insurance Company, appellant.

O'Connor, O'Connor, Bresee & First, PC, Albany ( Danielle N. Meyers of counsel), for respondent.

Garry, P.J., Egan Jr., Clark and Reynolds Fitzgerald, JJ., concur.

The underlying facts are set forth in a prior appeal (154 A.D.3d 1152 [2017]). Briefly, plaintiff, a general contractor, hired defendant John Rugar, a subcontractor, to spray clean the exterior portions of a house owned by Craig Weatherup and Connie Weatherup. Rugar agreed to indemnify plaintiff for...

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