 
Court of Appeals affirms dismissal of Indemnification Claim
Michael P. Kandler argued in the New York State Court of Appeals and obtained a dismissal of a third-party action against a contractor that worked on a renovation project at the World Trade Center. In Tonking v. Port Authority of New York and New Jersey, 3 N.Y.3d 486, 821 N.E.2d 133, 787 N.Y.S.2d 708 (December 2, 2004), the Court of Appeals agreed with Mr. Kandler’s argument that indemnification clauses must be strictly construed and that the contract between the Port Authority and the sub-contractor did not show a clear intent by the parties to afford a right of indemnification in favor of the Third-Party Plaintiff Construction Manager.
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