REGNO v. CITY OF NEW YORK

Nos. 5849, 109524/09.

88 A.D.3d 610 (2011)

931 N.Y.S.2d 71

2011 NY Slip Op 7518

JAMES G. REGNO et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants. ALMAR PLUMBING & HEATING CORP., Sued Herein as ALMAR PLUMBING AND HEATING CORPORATION, Third-Party Plaintiff-Appellant, v. BRUNO GRGAS, INC., Third-Party Defendant-Respondent. (And Another Action.)

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

Decided October 25, 2011.


Third-party defendant Bruno Grgas, Inc. (Grgas) established prima facie that there was no written indemnity agreement in existence between the parties on the date of plaintiff's accident. The burden then shifted to third-party plaintiff-appellant Almar Plumbing & Heating Corp. (Almar). Almar failed to raise an issue of fact as to whether the agreement signed in 2009, seven months after the accident, was effective as of a date before plaintiff's accident and that the parties...

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