Naclerio v. C.R. Klewin, Inc.
This text of 293 A.D.2d 588 (Naclerio v. C.R. Klewin, Inc.) 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.
Opinion
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.
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Cite This Page — Counsel Stack
293 A.D.2d 588, 740 N.Y.S.2d 237, 2002 N.Y. App. Div. LEXIS 3705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naclerio-v-cr-klewin-inc-nyappdiv-2002.