FIDANZA v. BRAVO BRIO RESTAURANT GROUP, INC.

2449, 307989/12, 83816/13.

146 A.D.3d 594 (2017)

2017 NY Slip Op 00386

44 N.Y.S.3d 741

LUIGI FIDANZA et al., Plaintiffs, v. BRAVO BRIO RESTAURANT GROUP, INC., et al., Defendants. BRAVO BRIO RESTAURANT GROUP, INC., et al., Third-Party Plaintiffs-Respondents, v. SPECTRUM PAINTING CORP., Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 19, 2017.


Plaintiff, an employee of Spectrum, a painting subcontractor, was injured while working on a project for which RCC was the general contractor. On this record, neither RCC nor Spectrum was entitled to summary judgment on RCC's third-party claim against Spectrum for contractual indemnification. Initially, an issue of fact exists as to whether the work plaintiff was performing at the time of his accident was within the scope of Spectrum...

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