Summary: Zenon Zawadzki v. 903 E. 51st Street, LLC, 80 A.D.3d 609, 914 N.Y.S.2d 272 (2d Dept. 2010) (Jan. 11, 2011). At issue on this appeal was the impact of a stipulation pursuant to which the general contractor admitted liability with respect to plaintiff’s §240(1) claim. The plaintiff’s employer was not part of the stipulation. The employer contended that it was entitled to a dismissal of the fourth-party complaint because it was not a party to the stipulation and was prejudiced. The court refused to dismiss the fourth-party complaint because the employer could still defeat contractual indemnification (i.e., general contractor was negligent).
Practice Note: The court also refused to sever the fourth-party action (CPLR 603).