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GUTIERREZ v. STATE

58 A.D.3d 805 (2009)

871 N.Y.S.2d 729

MARIA GUTIERREZ, Claimant, v. STATE OF NEW YORK, Defendant and Third-Party Claimant-Appellant. COMPASS GROUP USA, INC., CHARTWELLS, Third-Party Defendant-Respondent, et al., Third-Party Defendants.

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

January 27, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

In the summer of 2002, Compass Group USA, Inc. (hereinafter Compass), through its Chartwells Division, entered into an agreement to provide food and cafeteria services at the State University of New York College at Purchase (hereinafter the college). Pursuant to article 19 of the agreement, Compass was required, inter alia, to "indemnify, defend, and save harmless" the State of New York against...

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