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Klestinec v. Thruway Terminals, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1986
124 A.D.2d 988 (N.Y. App. Div. 1986)

Opinion

November 10, 1986

Appeal from the Supreme Court, Ontario County, Kennedy, J.

Present — Denman, J.P., Boomer, Green, Pine and Balio, JJ.


Order unanimously affirmed, with costs. Memorandum: Special Term correctly ruled that the contract of indemnification under which Thruway agreed to indemnify Norfolk is limited to Thruway's own negligence. The operative language is in paragraph 9 (b) which, insofar as relevant, covers indemnification for claims from injury to any person caused directly or indirectly by the acts or omissions of the contractor (Thruway), its agents, servants or employees. This must be read with the contrasting language of paragraph 9 (a), which covers indemnification for claims from injury to Thruway agents, servants or employees, and explicitly provides that it applies whether injury is caused directly or indirectly by the negligence of Norfolk, its agents, servants or employees, or otherwise. The interpretation of a contract which makes every part effective and which gives meaning to every provision is favored (22 N.Y. Jur 2d, Contracts, § 221).


Summaries of

Klestinec v. Thruway Terminals, Inc.

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 10, 1986
124 A.D.2d 988 (N.Y. App. Div. 1986)
Case details for

Klestinec v. Thruway Terminals, Inc.

Case Details

Full title:ALBERT S. KLESTINEC, SR., Plaintiff, v. THRUWAY TERMINALS, INC.…

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

Date published: Nov 10, 1986

Citations

124 A.D.2d 988 (N.Y. App. Div. 1986)

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