Client: Vas & Sons ???
Court: New York Supreme Court, Kings County
Trial Attorney: Stephen J. Alexander, Esq. ???
Brief Attorney: Alyson L. Knipe, Esq. ???
**Results may vary depending on your particular facts and legal circumstances**
We represented the third party subcontractor who was hired to build concrete steps in front of the building and to repair the construction fence that was damaged during Super Storm Sandy. Plaintiff alleged that he was hired to assist in the repair of the portion of the fence in the rear of the property and that he was carrying a piece of plywood when he fell off the foundation wall. Summary judgment dismissing the third party complaint was granted. On the contractual indemnification claim, the court agreed with our position that the contractual indemnification provision of the contract only applied to the masonry work on the front stairs and not the repair to the fence surrounding the perimeter of the work site. The court also granted dismissal of the common law indemnity claims stating that in order for common law indemnification to apply to an plaintiff’s employer, it must be shown that plaintiff suffered a grave injury and there was no evidence provided by Raz/PG of a grave injury. They also dismissed the breach of contract for failure to procure insurance claim since plaintiff’s accident was not connected to the work Vas & Sons was contracted to perform.
