SMITH v. BROADWAY 110 DEVELOPERS, LLC

4059, 107091/06, 590837/06.

80 A.D.3d 490 (2011)

914 N.Y.S.2d 167

RAYMOND SMITH et al., Respondents, v. BROADWAY 110 DEVELOPERS, LLC, et al., Respondents-Appellants. BDS DEVELOPERS, LLC, Sued Herein as BROADWAY 110 DEVELOPERS, et al., Third-Party Plaintiffs-Respondents-Appellants, v. A&B CAULKING CO., INC., Third-Party Defendant-Appellant-Respondent.

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

Decided January 18, 2011.


Plaintiffs seek damages for injuries sustained by plaintiff Raymond Smith when the suspended scaffold that he was straddling swung toward a building and crushed his chest. At the time, plaintiff was working for A&B, which had supplied him with the scaffold and supervised his work.

Defendants demonstrated their entitlement to judgment as a matter of law on their defense and indemnification claim against A&B. The terms of the trade contract pursuant to which...

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