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HOME DEPOT U.S.A., INC. v. NATIONAL FIRE & MARINE INSURANCE COMPANY

55 A.D.3d 671 (2008)

866 N.Y.S.2d 255

HOME DEPOT U.S.A., INC., Respondent-Appellant, v. NATIONAL FIRE & MARINE INSURANCE COMPANY, Appellant-Respondent.

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

October 14, 2008.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The injured worker in the underlying action, an employee of the subcontractor Westward Contracting, Inc. (hereinafter Westward), allegedly was injured while performing work on a project in which the plaintiff, Home Depot U.S.A., Inc. (hereinafter Home Depot), was the general contractor. The injured worker commenced...

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