Summary
In Martinez, the First Department affirmed the judgment of the trial court that the general contractor was not entitled to common-law or contractual indemnification from the third-party defendant subcontractor because "[t]here is no evidence that [the third-party defendant] was negligent or otherwise liable for the injuries sustained by plaintiff (who was not an employee, subcontractor or agent of [third-party defendant]); that plaintiff's accident arose out of, in connection with, or as a consequence of the performance of [its] work; or that [it] maintained any control over the worksite."
Summary of this case from Rodriguez v. City of N.Y.Opinion
May 23, 1996
Appeal from the Supreme Court, New York County (Edward Greenfield, J.).
The IAS Court properly determined that appellants, as general contractor for the construction project, were not entitled to common-law or contractual indemnification from third-party defendant Heydt. There is no evidence that Heydt was negligent or otherwise liable for the injuries sustained by plaintiff (who was not an employee, subcontractor or agent of Heydt); that plaintiff's accident arose out of, in connection with, or as a consequence of the performance of Heydt's work; or that Heydt maintained any control over the worksite ( Brown v. Two Exch. Plaza Partners, 146 A.D.2d 129, 135-136, affd 76 N.Y.2d 172).
The IAS Court also properly determined that Heydt was not liable to appellants for contractual indemnification or breach of contract under the insurance procurement provisions of the contract inasmuch as Heydt had fulfilled its contractual obligation to procure proper liability insurance on behalf of appellants to cover any negligence by Heydt arising from losses within the scope of the work performed by Heydt ( New York Univ. v. Royal Ins. Co., 200 A.D.2d 527; Clapper v. County of Albany, 188 A.D.2d 774; Dayton Beach Park No. 1 Corp. v. National Union Fire Ins. Co., 175 A.D.2d 854, lv denied 78 N.Y.2d 864).
We have considered appellants' remaining arguments and find them to be without merit.
Concur — Rosenberger, J.P., Wallach, Kupferman, Ross and Williams, JJ.