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KERRIGAN v. RM ASSOCIATES, INC.

1874, 100316/08

68 A.D.3d 659 (2009)

2009 NY Slip Op 9697

892 N.Y.S.2d 350

ELIZABETH FRANCES KERRIGAN, as Executrix of THOMAS CONELLY, Deceased, et al., Respondents-Appellants, v. RM ASSOCIATES, INC., Individually and Doing Business as METRO RISK MANAGEMENT, et al., Appellants-Respondents, and ACE INA et al., Respondents, et al., Defendants.

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

Decided December 29, 2009.

It appears that Connelly was killed in a construction site accident; that his estate brought the underlying action against, among others, various contractors at the site, alleging, inter alia, that Connelly had entered into an agreement with Erin Erectors (Erin), the estate's coplaintiff herein, to provide work, labor and services at the site; that one of the contractors counterclaimed against the estate for contractual indemnification; and that plaintiffs and Westchester...

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