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Erey v. Stresscon Industries

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 2005
22 A.D.3d 249 (N.Y. App. Div. 2005)

Opinion

6664, 6665.

October 6, 2005.

Order, Supreme Court, New York County (Saralee Evans, J.), entered February 9, 2005, which, inter alia, denied the motion of defendant Terra Firma Construction Management for summary judgment on its claims for contractual and common-law indemnification from defendant-respondent JBF Construction, LLC, unanimously affirmed, without costs.

Leahey Johnson, P.C., New York (Kimberly Schirripa of counsel), for appellant.

Before: Mazzarelli, J.P., Saxe, Sweeny, Catterson and Malone, JJ., Concur.


Summary judgment was properly denied since there are questions of fact as to the roles Terra Firma and JBF undertook in the supervision of work at the job site, and, in particular, in the purchase and installation of the concrete plank that allegedly caused plaintiff's injuries. Additionally, review of the contract between Terra Firma and JBF, and, in particular, paragraphs 12.2 (concerning JBF's indemnity obligations) and 12.3 (concerning whether the obligations undertaken by JBF can absolve other parties of liability for their negligence), does not lead to the conclusion that JBF's duties to indemnify were unconditional. Indeed, Terra Firma may not be indemnified if a breach of duty by it resulted in plaintiff's harm ( see General Obligations Law § 5-322.1).


Summaries of

Erey v. Stresscon Industries

Appellate Division of the Supreme Court of New York, First Department
Oct 6, 2005
22 A.D.3d 249 (N.Y. App. Div. 2005)
Case details for

Erey v. Stresscon Industries

Case Details

Full title:SELMA EREY, Plaintiff, v. STRESSCON INDUSTRIES et al., Defendants, JBF…

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

Date published: Oct 6, 2005

Citations

22 A.D.3d 249 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 7422
802 N.Y.S.2d 127

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