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NEW YORK STATE DEPT. OF TRANSP. v. NORTH STAR PAINTING CO., INC.

586 CA 17-01556.

163 A.D.3d 1416 (2018)

80 N.Y.S.3d 803

2018 NY Slip Op 05087

New York State Department of Transportation, Respondent, v. North Star Painting Company, Inc., Doing Business as K&K Painting Company, Appellant.

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

Decided July 6, 2018.

It is hereby ordered that the order so appealed from is affirmed without costs.

Memorandum: Plaintiff and defendant, a painting contractor, entered into a contract providing that defendant would paint certain bridges and overpasses along an interstate highway. The contract incorporated specifications providing, in pertinent part, that defendant would indemnify and hold harmless the State of New York, except as prohibited...

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