Opinion
April 26, 1999
Appeal from the Supreme Court, Nassau County (Schmidt, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The plaintiff allegedly sustained injuries when she fell on a slippery floor in a store of the defendant K Mart Corporation (hereinafter K Mart). She brought the instant action against K Mart, and K Mart then commenced a third-party action against the appellant, Apple Maintenance Services, which was under contract to buff and wax the floors in the store. The court properly granted K Mart conditional contractual indemnification on its third-party complaint against the appellant, given the broad indemnification provision contained in the contract and the evidence that the accident was caused either by an improper application of wax or a failure to buff the wax ( see, Haman v. Humble Oil Ref Co., 34 N.Y.2d 557; McCabe v. Queensboro Farm Prods., 22 N.Y.2d 204, 208; State of New York v. Syracuse Rigging Co., 249 A.D.2d 758, 759-760; Warner v. Historic Hudson Riv. Heritage Dev. Co., 235 A.D.2d 987; Conley v. Salt City Energy Venture, 234 A.D.2d 909, 910).
O'Brien, J. P., Ritter, Joy, Altman and Smith, JJ., concur.