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SHAH v. 20 E. 64TH ST. LLC

Index No. 156305/15 Appeal No. 1143 Case No. 2022-01902.

222 A.D.3d 417 (2023)

202 N.Y.S.3d 17

2023 NY Slip Op 06226

Hemant Shah et al., Plaintiffs, v. 20 East 64th Street LLC, Respondent, and Urban Foundation/Engineering, Appellant, et al., Defendants.

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

Decided December 5, 2023.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Eric Z. Leiter of counsel), for appellant.

Wade Clark Mulcahy LLP, New York ( Michael A. Bono of counsel), and Steptoe & Johnson LLP, Washington, DC ( John F. O'Connor , of the bar of the State of Virginia, District of Columbia, and State of Maryland, admitted pro hac vice, of counsel), for respondent.

Concur—Kern, J.P., Gesmer, Moulton, Kennedy, Higgitt, JJ.

Order, Supreme Court, New York County (Joel M. Cohen, J.), entered March 31, 2022, which, to the extent appealed from as limited by the briefs, granted defendant 20 East 64th Street LLC's (20 East 64th) motion for contractual indemnification from defendant Urban Foundation/Engineering, LLC, unanimously modified, on the law, to limit Urban Foundation's contractual indemnification liability to 40% of the damages collectible by plaintiffs, and otherwise affirmed, without costs...

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