Justice Paul J. Baisley, Jr.


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Rechler Equity Partners, and 225 Broadhallow Assocs. moved for summary judgment and Team White Building Services (TWBS) on their claims for contractual indemnification in this action for personal injuries allegedly sustained by Dallo resulting from a slip and fall at the subject premises. Dallo claimed he fell due to a wet floor outside an elevator, alleging defendants’ negligence. TWBS moved for summary judgment dismissing the complaint and cross-claims against it. The court, however, found Rechler and Broadhallow failed to establish their entitlement to summary judgment on the issue of contractual indemnification against TWBS, noting the indemnity clause of the contract would be triggered if it was established TWBS was negligent and owed Dallo some duty. While Rechler, Broadhallow and Dallo argued TWBS was liable as it failed to exercise reasonable care, and completely displaced the other defendants’ duties to maintain the premises, there was testimony the decision to place or remove runners in inclement weather was made by Rechler’s maintenance employee. As such, an issue of fact as to whether TWBS entirely displaced Rechler’s duty to maintain the premises safely barred summary judgment.