4525 & 4555 APARTMENTS CORP. v. GOLDEMBERG

7669. 156473/14.

166 A.D.3d 505 (2018)

89 N.Y.S.3d 43

2018 NY Slip Op 07954

4525 & 4555 Apartments Corp., Appellant, v. Dina Goldemberg et al., Respondents.

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

Decided November 20, 2018.


Defendants do not dispute that they are required to indemnify plaintiff for the damage their contractor directly caused by drilling into the building's gas line. However, plaintiff's claim that the need to bring the gas line into code compliance was caused by the accident and requires indemnification by defendants is unavailing. The proposal letter from the plumber plaintiff hired to have the building's gas service restored after the accident states that the gas line would...

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