GONZALEZ v. OLD NAVY CLOTHING CO.


286 A.D.2d 308 (2001)

730 N.Y.S.2d 283

GILBERTO GONZALEZ et al., Plaintiffs, v. OLD NAVY CLOTHING CO. et al., Defendants and Third-Party Plaintiffs-Appellants. XYZ CLEANING CONTRACTORS, INC., Third-Party Defendant-Respondent.

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

Decided August 30, 2001.


Under the circumstances, it was error to deny third-party plaintiffs summary judgment on their claim of contractual indemnification. The record demonstrates as a matter of law that third-party plaintiff/indemnitee Fisher Development (Fisher) and third-party defendant XYZ Cleaning (XYZ), Fisher's subcontractor/indemnitor, had agreed to an enforceable indemnification provision, and that there is no basis in negligence or in the degree of supervision of the work site by Fisher...

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