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APRIL v. SOVEREIGN CONSTR. CO., LTD.

55 N.Y.2d 627 (1981)

Donald April, Plaintiff, v. Sovereign Construction Co., Ltd., et al., Defendants. Sovereign Construction Co., Ltd., et al., Third-Party Plaintiffs-Respondents, v. Wachtel, Dukauer and Fein, Inc., a Division of Warner Communications, Inc., Third-Party Defendant-Appellant.

Court of Appeals of the State of New York.

Decided November 17, 1981.

Attorney(s) appearing for the Case

Richard Bakalor for third-party defendant-appellant.

Michael Majewski, Joseph D. Ahearn and Frank E. Maher for third-party plaintiffs-respondents.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

The indemnity clause provided in part that third-party defendant Wachtel, Dukauer and Fein, Inc. (Wachtel), the subcontractor, would assume responsibility and liability for any and all injuries to any person, including the subcontractor's employees, for any damages "caused by or resulting from or arising out of any act or omission in connection...

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