Perri and Popadiuk Defeat Plaintiffs’ Motion for Summary Judgment and Obtain Contractual Indemnification in Favor of Their Client From a Codefendant in a Premises Liability Case
Plaintiffs sued for negligence, negligent supervision, loss of consortium and personal injuries allegedly caused by a tripping hazard protruding from the paving surface in a parking lot. We established that our client was not negligent in its performance under the Prime Contract with the State of New York and that our client did not engage in any affirmative conduct which exacerbated any hazard, thus defeating Plaintiffs’ Motion for Summary Judgment. By contrast, Plaintiffs’ Motion for Summary Judgment was granted against the Codefendant. We also successfully argued that our client was entitled to contractual indemnification from the Codefendant under the terms of the indemnification provision in a Subcontract. The Court noted that the indemnity provision in the Subcontract did not violate N.Y. General Obligations Law § 5-322.1 because it did not include indemnification for our client’s own negligence. The award of contractual indemnification in favor of the client also included defense costs and attorneys’ fees, which is significant considering the case is approximately 10 years old.
Carl M. Perri
Gregory J. Popadiuk