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LARRY E. KNIGHT, INC. v. QBE INSURANCE CORP.

60 A.D.3d 498 (2009)

875 N.Y.S.2d 61

LARRY E. KNIGHT, INC., et al., Respondents, v. QBE INSURANCE CORP. et al., Appellants.

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

Decided March 17, 2009.

In this declaratory judgment action, there are issues of fact as to whether plaintiffs' injuries in the underlying action were caused by negligence on the part of defendant JEM Erectors, which in turn generate issues of fact as to JEM's duty to indemnify the corporate Knight plaintiff under their subcontract (see Carboy v Cauldwell-Wingate Co., Inc., 43 A.D.3d 261 [2007]; Medina v New York El. Co., 250 A.D...

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