CANELA v. TLH 140 PERRY STREET, LLC


47 A.D.3d 743 (2008)

849 N.Y.S.2d 658

JOSE CANELA, Plaintiff, v. TLH 140 PERRY STREET, LLC, et al., Respondents, and ANDREWS BUILDING CORP. et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 22, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the appellants' motion which was for entry of judgment against the defendants TLH 140 Perry Street, LLC, and David Smilow, as contractual indemnification, for the amount of the settlement proceeds they paid to the plaintiff and for the amount of their attorney's fee incurred in defending the action is granted.

The plaintiff allegedly was injured while performing alteration...

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