Opinion
December 23, 1997
Appeal from Supreme Court, New York County (Leland DeGrasse, J., and a jury).
G G Concrete, Inc.'s admitted failure to procure additional insured coverage pursuant to its contract entitled the general contractor, Lehrer McGovern Bovis, Inc., to indemnification with respect to damages for plaintiff's injuries regardless of which party was culpable ( Roblee v. Corning Community Coll., 134 A.D.2d 803, lv denied 72 N.Y.2d 803; 206 E. 95th St. Assocs. v. Insurance Co., 234 A.D.2d 21). It was therefore immaterial on the motion for partial summary judgment whether the proof of G G's involvement in removing the temporary wood treads from the step where plaintiff was injured qualified as a business record. G G's contention that Lehrer waived its right to indemnification for the costs of its defense is unsupported by the record.
Concur — Ellerin, J. P., Nardelli, Williams, Andrias and Colabella, JJ.