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SANDE v. TRINITY CENTRE LLC

Index No. 150208/14, Appeal No. 16092, Case Nos. 2021-04510, 2022-00039.

206 A.D.3d 441 (2022)

167 N.Y.S.3d 786

2022 NY Slip Op 03701

Thomas Sande et al., Respondents, v. Trinity Centre LLC et al., Respondents. Trinity Centre LLC et al., Respondents, v. A.C. Electric of New York, Inc., Appellant.

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

Decided June 7, 2022.

Attorney(s) appearing for the Case

The Law Offices of Kevin P. Westerman, Elmsford ( Richard W. Ashnault of counsel), for appellant.

Law Office of Eric D. Feldman, New York ( Evy Kazansky of counsel), for respondents.

Concur—Gische, J.P., Webber, Singh, González, Pitt, JJ.

General Obligations Law § 5-322.1 permits "a partially negligent general contractor to seek contractual indemnification from its subcontractor so long as the indemnification provision does not purport to indemnify the general contractor for its own negligence" (Brooks v Judlau Contr., Inc., 11 N.Y.3d 204, 207 [2008]). Contrary to defendants' contention that nothing in the indemnification...

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