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OSTUNI v. TOWN OF INLET

64 A.D.3d 854 (2009)

881 N.Y.S.2d 678

JAMES OSTUNI, Respondent, v. TOWN OF INLET, Defendant and Third-Party Plaintiff-Appellant. SMITH CONSTRUCTION, LLC, Third-Party Defendant-Respondent.

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

Decided July 2, 2009.

Malone Jr., J.

Defendant contracted with third-party defendant, Smith Construction, LLC, to build a salt and sand storage facility in the Town of Inlet, Hamilton County. Although the contract provided that Smith was generally responsible for the construction and its supervision, defendant agreed to perform the excavation, backfill and foundation work for the project. The contract also contained an indemnification clause in favor of defendant that forms the basis of...

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