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ARTEAGA v. 231/249 W 39 STREET CORP.

45 A.D.3d 320 (2007)

847 N.Y.S.2d 5

ROBERTH ARTEAGA, Plaintiff, v. 231/249 W 39 STREET CORP. et al., Respondents, et al., Defendant. 231/249 W 39 STREET CORP., et al., Third-Party Plaintiffs-Respondents, v. BALLET MAKERS, INC., Doing Business as CAPEZIO, Third-Party Defendant-Appellant-Respondent. BALLET MAKERS, INC., Doing Business as CAPEZIO, Second Third-Party Plaintiff-Appellant-Respondent, v. LWC CORPORATE, INC., et al., Second Third-Party Defendants-Respondents-Appellants, et al., Second Third-Party Defendant.

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

Decided November 8, 2007.

The lease obligates Capezio to indemnify the owners only for costs "for which Owner shall not be reimbursed by insurance." Further, each party "waives any claim ... insofar as such claim is based on a risk insured under any insurance policy carried by the waiving party" (emphasis added). Capezio and the LWC parties submitted affirmations that the owners had insurance covering the claims asserted by plaintiff, a painter employed by nonparty IBS who was injured when...

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