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Jana L. v. West 129th Street Realty Corp.10/11/2005
had already taken steps to protect itself against such contingency by taking out insurance effective as of 12:01 A.M. of the day of the closing.
Accordingly, we reverse the denial of summary judgment to defendant-appellant West Realty. We find, as a matter of law, that West Realty had no duty to disclose the fact of the assault to Associates, and thus grant summary judgment in favor of West Realty on its cross claim for contractual indemnification by Associates.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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