PYFROM v. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK


267 A.D.2d 6 (1999)

698 N.Y.S.2d 858

ROLAND PYFROM, Appellant-Respondent, v. TISHMAN CONSTRUCTION CORPORATION OF NEW YORK, Sued as TISHMAN CONSTRUCTION COMPANY OF NEW YORK, et al., Respondents-Appellants and Third-Party Plaintiffs-Appellants. MONADNOCK CONSTRUCTION, INC., et al., Third-Party Defendants-Respondents-Appellants.

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

Decided December 2, 1999.


Summary judgment in favor of prime contractor Linpro on its indemnity claim against subcontractor Monadnock should have been granted in view of the subcontract provision in which Monadnock agreed to indemnify Linpro for any loss arising from its acts or omissions or those of its employees, agents and lower-tier subcontractors, and in the absence of any evidence tending to show that negligence on Linpro's part contributed to plaintiffs injuries (see, Velez v Tishman Foley...

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