Opinion
8913 8914 Index 158999/13
04-04-2019
Jerzy ZIEBA, Plaintiff–Respondent, v. 345 MAIN STREET ASSOCIATES, Defendant, 345 Main Street Associates LLC, et al., Defendants–Appellants, National Retail Construction Group, LLC, Defendant–Respondent. [And Third–Party Actions]
Law Offices of Michael E. Pressman, New York (Stuart B. Cholewa of counsel), for appellants. Block O'Toole & Murphy, New York (Christina R. Mercado of counsel), for Jerzy Zieba, respondent. Favata & Wallace LLP, Garden City (William G. Wallace of counsel), for National Retail Construction Group, LLC, respondent.
Law Offices of Michael E. Pressman, New York (Stuart B. Cholewa of counsel), for appellants.
Block O'Toole & Murphy, New York (Christina R. Mercado of counsel), for Jerzy Zieba, respondent.
Favata & Wallace LLP, Garden City (William G. Wallace of counsel), for National Retail Construction Group, LLC, respondent.
Friedman, J.P., Gische, Kapnick, Webber, Gesmer, JJ.
Pure Barre (lessee of the premises) is entitled to summary judgment on its claim against National Retail for indemnification under the construction contract, because plaintiff's injury was not caused solely by any negligence on its part. However, 345 Main (the owner of the premises) is not entitled to summary judgment on the contractual indemnification claim, because it is not a signatory to or an indemnitee under the contract, which identifies an affiliate of Pure Barre as the owner. In addition, 345 Main is not entitled to summary judgment on its claim against National Retail for common-law indemnification because, on this record, an issue of fact exists as to whether National Retail was negligent.
We have considered the remaining contentions for affirmative relief and find them unavailing.