Brian Fritz v. Sports Authority

91 A.D.3d 712, 936 N.Y.S.2d 310 (2d Dept. 2012) (Jan. 17, 2012)

The court refused to dismiss the plaintiff’s §241(6) cause of action because defendants failed to establish that plaintiff’s claim was not predicated on violations of the Industrial Code. The court refused to grant the defendants’ contractual indemnification and common law indemnification claims because there were issues of fact as to whose negligence, if anyone’s, caused plaintiff’s accident.

Practice Note: It appears that sufficient discovery had not been conducted and the court held that the motions were premature.

Topics: Common Law Indemnification, Contrac - tual Indemnification, Industrial Code Regulations