JUAN ORTEGA, PLAINTIFF, v. GOLDMAN SACHS HEADQUARTERS LLC, ET AL., def

3967. JUAN ORTEGA, PLAINTIFF, v. GOLDMAN SACHS HEADQUARTERS LLC, ET AL., def — ARAMARK CORPORATION, Third-Party plf-ap, v. SPOONBREAD, INC., Third-Party def-res — [AND ANOTHER ACTION] Lowenstein Sandler LLP, New York (Michael A. Kaplan of counsel), for ap — Abrams, Gorelick, Friedman & Jacobson, LLP, New York (John O. Fronce of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered May 3, 2016, which, to the extent appealed from, denied defendant/third-party plaintiff Aramark's motion for partial summary judgment on its contractual indemnification claim against third-party defendant Spoonbread, Inc., and granted Spoonbread's motion for summary judgment dismissing Aramark's claims against it, unanimously modified, on the law, to deny Spoonbread's motion seeking dismissal of the claim for breach of contract, and otherwise affirmed, without costs.

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3967. JUAN ORTEGA, PLAINTIFF, v. GOLDMAN SACHS HEADQUARTERS LLC, ET AL., def — ARAMARK CORPORATION, Third-Party plf-ap, v. SPOONBREAD, INC., Third-Party def-res — [AND ANOTHER ACTION] Lowenstein Sandler LLP, New York (Michael A. Kaplan of counsel), for ap — Abrams, Gorelick, Friedman & Jacobson, LLP, New York (John O. Fronce of counsel), for res — Order, Supreme Court, New York County (Paul Wooten, J.), entered May 3, 2016, which, to the extent appealed from, denied defendant/third-party plaintiff Aramark’s motion for partial summary judgment on its contractual indemnification claim against third-party defendant Spoonbread, Inc., and granted Spoonbread’s motion for summary judgment dismissing Aramark’s claims against it, unanimously modified, on the law, to deny Spoonbread’s motion seeking dismissal of the claim for breach of contract, and otherwise affirmed, without costs.

The plaintiff in the main action, Juan Ortega, a chef employed by Spoonbread, alleges he was injured when he slipped on a wet floor while working in the corporate kitchen of defendant Goldman Sachs. Goldman Sachs contracted with defendant Aramark to provide food services in its kitchen, and Aramark retained Spoonbread as a guest caterer for one week. During that week, Juan Ortega was injured and sued Goldman Sachs and Aramark. The contract between Aramark and Spoonbread required Spoonbread to indemnify Aramark against any claims “arising in any way out of any act or omission” of Spoonbread. The contractual language does not “evince[] an ‘unmistakable intent’ to indemnify” Aramark for its own negligence (Great N. Ins. Co. v. Interior Constr. Corp., 7 NY3d 412, 417 [2006]; see also Martinez v. Benau, 103 AD3d 545, 546 [1st Dept 2013]).

JUAN ORTEGA, PLAINTIFF, v. GOLDMAN SACHS HEADQUARTERS LLC, ET AL., def

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