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NIELSON v. VORNADO FOREST PLAZA, L.L.C.

160372/13, 5189, 590105/14.

155 A.D.3d 424 (2017)

64 N.Y.S.3d 204

2017 NY Slip Op 07697

GEORGE NIELSON, Respondent, v. VORNADO FOREST PLAZA, L.L.C., Defendant, and PFNY, LLC, et al., Respondents. PFNY, LLC, et al., Third-Party Plaintiffs-Respondents, v. PRO AIRE DESIGN CONSULTANTS, INC., Third-Party Defendant-Appellant.

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

Decided November 2, 2017.

Pro Aire established prima facie that it is not obligated to indemnify defendants/third-party plaintiffs (the PFNY defendants) under their subcontract, because plaintiff's accident cannot have been caused by any negligent act or omission on Pro Aire's part (see Robinson v Brooks Shopping Ctrs., LLC, 148 A.D.3d 522, 523 [1st Dept 2017]). Plaintiff's Labor Law §§ 240 (1) and 241 (6) claims having been dismissed, the only...

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