291 BROADWAY REALTY ASSOC. v. WEATHER WISE CONDITIONING CORP.

12699, 702513/08.

118 A.D.3d 469 (2014)

988 N.Y.S.2d 28

2014 NY Slip Op 4122

291 BROADWAY REALTY ASSOCIATES, Also Known as 291 BROADWAY REALTY ASSOCIATES, LLC, et al., Appellants, v. WEATHER WISE CONDITIONING CORP., Respondent, et al., Defendant.

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

Decided June 10, 2014.


The underlying action, in which nonparty Edwin Martinez asserted Labor Law claims against the plaintiffs herein, was settled before trial. Plaintiffs now seek contractual indemnification from Martinez's employer, defendant Weather Wise, pursuant to an indemnification provision included in Weather Wise's HVAC service contract with plaintiff Starbucks Corporation, which required Weather Wise to indemnify Starbucks for all claims, damages, liability, and expenses incurred by...

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