Russgood Construction Co. v. City of New York

— In an action on a contract, defendant appeals from a judgment of the Supreme Court, Kings County, entered February 21, 1975, after a nonjury trial, in favor of plaintiffs, and which dismissed defendant’s counterclaim. Judgment reversed, on the law, and case remanded to Trial Term for further proceedings in accordance herewith. No questions of fact were considered. The sole issue on this appeal concerns the interpretation to be given an indemnification provision of a written construction contract. Plaintiffs contracted to perform certain construction work on the IRT subway for the City of…