Opinion
14469 Index No. 162738/14 Case No. 2021–00125
10-26-2021
Ruth WILLIAMS, Plaintiff, v. 100 CHURCH FEE OWNER, LLC, et al., Defendants–Appellants, McGovern & Company, LLC, Defendant–Respondent.
O'Connor O'Connor Hintz & Denveney, LLP, Melville (Ira E. Goldstein of counsel), for appellants. Law Office of James J. Toomey, New York (Michael J. Kozoriz of counsel), for respondent.
O'Connor O'Connor Hintz & Denveney, LLP, Melville (Ira E. Goldstein of counsel), for appellants.
Law Office of James J. Toomey, New York (Michael J. Kozoriz of counsel), for respondent.
Kern, J.P., Oing, Singh, Mendez, Higgitt, JJ.
Order, Supreme Court, New York County (Paul A. Goetz, J.), entered on or about July 28, 2020, which, to the extent appealed from as limited by the briefs, granted defendant McGovern & Company, LLC's motion for summary judgment insofar as dismissing codefendants 100 Church Fee Owner LLC (Church) and SL Green Management LLC's (SL) cross claims against McGovern for contractual indemnification, unanimously affirmed, with costs.
The court properly granted summary judgment dismissing Church and SL's cross claims for contractual indemnification. The indemnification provision at issue required McGovern to indemnify Church and SL for certain claims resulting from acts or omissions in connection with McGovern's "performance of the Work." Although this provision is broadly worded, it must be construed in light of the apparent objective of the parties (see Inman v. Binghamton Hous. Auth., 3 N.Y.2d 137, 147–148, 164 N.Y.S.2d 699, 143 N.E.2d 895 [1957] ; Mobil Oil Corp. v. Wellpoint Dewatering Corp., 110 A.D.2d 1085, 1085–1086, 488 N.Y.S.2d 938 [4th Dept. 1985] ; see also Luby v. Rotterdam Sq., L.P., 47 A.D.3d 1053, 1055–1056, 850 N.Y.S.2d 252 [3d Dept. 2008] ). The court properly determined that the contract at issue was for a limited period of time, and that the apparent objective was to require indemnification for claims which arose during the course of the work. In any event, indemnification provisions are strictly construed (see GFE Jerome Ave. LLC v. Steph–Leigh Assoc., LLC, 193 A.D.3d 435, 436, 144 N.Y.S.3d 42 [1st Dept. 2021] ), and must not be read to place a burden on the contractor that was not expressly assumed and where it is inconceivable that the contractor would have accepted ( Inman at 148, 164 N.Y.S.2d 699, 143 N.E.2d 895 ; Mobil at 1086, 488 N.Y.S.2d 938 ).