BOARD OF MANAGERS OF HESTER GARDENS, PLAINTIFF, v. WELL-COME HOLDINGS LLC def

15229. BOARD OF MANAGERS OF HESTER GARDENS, PLAINTIFF, v. WELL-COME HOLDINGS LLC def — WELL-COME HOLDINGS LLC Third-Party plf-ap, v. PETER F. POON ARCHITECT, P.C. Third-Party def-res, FLINTLOCK CONSTRUCTION SERVICES, LLC, Third-Party def — Rich, Intelisano & Katz, LLP, New York (Victor Rivera Jr. of counsel), for ap — Donovan Hatem LLP, New York (Scott K. Winikow of counsel), for res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered November 20, 2013, which, insofar as appealed from as limited by the briefs, granted the motion of defendant/third-party defendant Peter F. Poon Architect, P.C. (Poon, P.C.) to dismiss so much of defendant/third-party plaintiffs' (Well-Come) first cause of action in the third-party complaint seeking contractual indemnification, unanimously reversed, on the law, without costs, and the motion denied.

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15229. BOARD OF MANAGERS OF HESTER GARDENS, PLAINTIFF, v. WELL-COME HOLDINGS LLC def — WELL-COME HOLDINGS LLC Third-Party plf-ap, v. PETER F. POON ARCHITECT, P.C. Third-Party def-res, FLINTLOCK CONSTRUCTION SERVICES, LLC, Third-Party def — Rich, Intelisano & Katz, LLP, New York (Victor Rivera Jr. of counsel), for ap — Donovan Hatem LLP, New York (Scott K. Winikow of counsel), for res — Order, Supreme Court, New York County (Anil C. Singh, J.), entered November 20, 2013, which, insofar as appealed from as limited by the briefs, granted the motion of defendant/third-party defendant Peter F. Poon Architect, P.C. (Poon, P.C.) to dismiss so much of defendant/third-party plaintiffs’ (Well-Come) first cause of action in the third-party complaint seeking contractual indemnification, unanimously reversed, on the law, without costs, and the motion denied.

The terms of the contract between Well-Come and Poon, P.C., provide for indemnity for sums due to the negligent or intentional acts, errors, and omissions of Poon, P.C., or material breaches of the agreement. Thus, while Well-Come cannot seek those damages plaintiffs allege to have been caused by failures of construction, or other areas not covered by the contract between Well-Come and Poon, P.C., Well-Come can seek indemnity for those claims based upon negligent design and/or inspection of work.

BOARD OF MANAGERS OF HESTER GARDENS, PLAINTIFF, v. WELL-COME HOLDINGS LLC def

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