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Rodrigues v. N & S Building Contractors10/20/2005
ly enter into contracts with standard form indemnifications. The Legislature cannot have intended or contemplated this result when it created an exception from the refuge of section 11 for an express agreement to forego its protection. Accordingly, I respectfully dissent.
Order reversed, with costs, defendant third-party plaintiff N & S Building Contractors, Inc.'s motion for summary judgment as to the third-party action granted and judgment granted declaring in accordance with the opinion herein. Opinion by Chief Judge Kaye. Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo and R.S. Smith concur. Judge Read dissents in an opinion.
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