Jian-Guo Yu v. Greenway Mews Realty L.L.C.

Appellate Division of the Supreme Court of New York

Jian-Guo Yu v. Greenway Mews Realty L.L.C.

134 A.D.3d 446, 19 N.Y.S.3d 744

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 3, 2015

Docket16300 116885/05 590639/10

StatusPublished

This text of 134 A.D.3d 446 (Jian-Guo Yu v. Greenway Mews Realty L.L.C.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jian-Guo Yu v. Greenway Mews Realty L.L.C., 134 A.D.3d 446, 19 N.Y.S.3d 744 (N.Y. Ct. App. 2015).

Pincite

Opinion

Order, Supreme Court, New York County (Martin Shulman, J.), entered January 16, 2015, which, among other things, granted third-party plaintiff Greenway’s motion for summary judgment against third-party defendant UAD Group, unanimously affirmed, with costs.

There is no question that UAD was the actual party responsible for plaintiff Yu’s injury, and that UAD was contractually required to indemnify third-party plaintiff Little Rest for, among other things, any “losses and expenses, including . . . attorneys’ fees.” Little Rest assigned to Greenway its right to contractual indemnity from UAD. Accordingly, the motion court correctly determined that UAD must pay to Greenway the settlement amount Greenway paid to plaintiff, plus interest, as well as the attorneys’ fees Greenway incurred in defending Little Rest in the first-party action. UAD’s assertion that it has no obligation to pay unless and until Little Rest itself makes a payment toward the settlement amount or Greenway’s attorneys’ fees, is unavailing.

We have considered UAD’s remaining arguments and find them unavailing. Concur — Friedman, J.P., Renwick, Saxe and Kapnick, JJ.

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Order, Supreme Court, New York County (Martin Shulman, J.), entered January 16, 2015, which, among other things, granted third-party plaintiff Greenway’s motion for summary judgment against third-party defendant UAD Group, unanimously affirmed, with costs.

There is no question that UAD was the actual party responsible for plaintiff Yu’s injury, and that UAD was contractually required to indemnify third-party plaintiff Little Rest for, among other things, any “losses and expenses, including . . . attorneys’ fees.” Little Rest assigned to Greenway its right to contractual indemnity from UAD. Accordingly, the motion court correctly determined that UAD must pay to Greenway the settlement amount Greenway paid to plaintiff, plus interest, as well as the attorneys’ fees Greenway incurred in defending Little Rest in the first-party action. UAD’s assertion that it has no obligation to pay unless and until Little Rest itself makes a payment toward the settlement amount or Greenway’s attorneys’ fees, is unavailing.

We have considered UAD’s remaining arguments and find them unavailing. Concur — Friedman, J.P., Renwick, Saxe and Kapnick, JJ.

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Bluebook (online)

134 A.D.3d 446, 19 N.Y.S.3d 744, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jian-guo-yu-v-greenway-mews-realty-llc-nyappdiv-2015.