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  5. 11 N.Y.3d 204 (2008)
 

BROOKS v. JUDLAU CONTR., INC.

11 N.Y.3d 204 (2008)

STEPHEN J. BROOKS et al., Plaintiffs, v. JUDLAU CONTRACTING, INC., Defendant and Third-Party Plaintiff-Appellant. THUNDERBIRD CONSTRUCTORS, INC., Third-Party Defendant-Respondent.

Court of Appeals of the State of New York.

Decided October 21, 2008.

Attorney(s) appearing for the Case

Wilson, Elser, Moskowitz, Edelman & Dicker LLP Chicago, Illinois (Melissa A. Murphy-Petros of counsel), and Wilson, Elser, Moskowitz, Edelman & Dicker LLP New York City (Richard E. Lerner of counsel), for defendant and third-party plaintiff-appellant.

Cerussi & Spring, White Plains (Peter Riggs of counsel), for third-party defendant-respondent.

Chief Judge KAYE and Judges GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

CIPARICK, J.

This appeal asks us to determine the question left open in Itri Brick & Concrete Corp. v Aetna Cas. & Sur. Co. (89 N.Y.2d 786 [1997]) as to whether section 5-322.1 of the General Obligations Law allows a general contractor—who has been found to be partially at fault—to enforce an indemnification provision against...

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