Justice Richard F. Braun

 

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Managing agent Midboro Management, and owner 132 E. 35th St. Owner, moved for summary judgment dismissing this personal injury action by Bendavid arising from a trip over an allegedly raised edge of a masonite board on a service elevator floor. They also sought contractual indemnification and defense costs from roofing contractor PCGNY Corp., who cross-moved for dismissal of claims and cross-claims against it. PCGNY argued it owed no duty in tort to Bendavid who could not prove it created or had constructive notice of the dangerous condition allegedly causing the accident. Building manager’s unrebutted testimony noted it was PCGNY’s job to put down masonite to protect the elevator from heavy loads and residents from personal injury. The court noted the contract provided for PCGNY to indemnify Midboro and 132 for claims arising from or related to work in the building, finding Bendavid’s claim related to, and arose from PCGNY’s work. Thus, Midboro and 132 established entitlement to judgment on their claim for contractual indemnification as to defense costs. Also, PCGNY did not come forward with evidence it did not cause or create the dangerous condition, and its cross-motion was denied. Midboro and 132 were granted dismissal of the complaint.

Justice Richard F. Braun

 

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Managing agent Midboro Management, and owner 132 E. 35th St. Owner, moved for summary judgment dismissing this personal injury action by Bendavid arising from a trip over an allegedly raised edge of a masonite board on a service elevator floor. They also sought contractual indemnification and defense costs from roofing contractor PCGNY Corp., who cross-moved for dismissal of claims and cross-claims against it. PCGNY argued it owed no duty in tort to Bendavid who could not prove it created or had constructive notice of the dangerous condition allegedly causing the accident. Building manager’s unrebutted testimony noted it was PCGNY’s job to put down masonite to protect the elevator from heavy loads and residents from personal injury. The court noted the contract provided for PCGNY to indemnify Midboro and 132 for claims arising from or related to work in the building, finding Bendavid’s claim related to, and arose from PCGNY’s work. Thus, Midboro and 132 established entitlement to judgment on their claim for contractual indemnification as to defense costs. Also, PCGNY did not come forward with evidence it did not cause or create the dangerous condition, and its cross-motion was denied. Midboro and 132 were granted dismissal of the complaint.