Naclerio v. C.R. Klewin, Inc. , 740 N.Y.S.2d 237 ( 2002 )


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  • In an action to recover damages for personal injuries, etc., the defendant third-party plaintiff appeals from an order of the Supreme Court, Orange County (McGuirk, J.), dated April 19, 2001, which, inter alia, granted that branch of the motion of the third-party defendant Kendland Company, Inc., which was for summary judgment dismissing the third-party complaint insofar as asserted against it.

    Ordered that the order is affirmed, with costs.

    The Supreme Court properly granted that branch of the motion of the respondent, a subcontractor, which was for summary judgment dismissing the appellant general contractor’s third-party cause of action for contractual indemnification. The indemnification clause is triggered only in the event of a finding of negligence on the part of the subcontractor or its agents or employees. There is no basis in the record to find such negligence, as a matter of law.

    The appellant’s remaining contentions are without merit. Altman, J.P., Florio, H. Miller and Cozier, JJ., concur.

Document Info

Citation Numbers: 293 A.D.2d 588, 740 N.Y.S.2d 237

Filed Date: 4/15/2002

Precedential Status: Precedential

Modified Date: 1/13/2022