ZIEBA v. 345 MAIN STREET ASSOCIATES

8914, 158999/13, 8913.

171 A.D.3d 482 (2019)

95 N.Y.S.3d 789

2019 NY Slip Op 02637

Jerzy Zieba, Respondent, v. 345 Main Street Associates, Defendant, 345 Main Street Associates LLC et al., Appellants, and National Retail Construction Group, LLC, Respondent. (And Third-Party Actions.)

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

Decided April 4, 2019.


Pure Barre (lessee of the premises) is entitled to summary judgment on its claim against National Retail for indemnification under the construction contract, because plaintiff's injury was not caused solely by any negligence on its part. However, 345 Main (the owner of the premises) is not entitled to summary judgment on the contractual indemnification claim, because it is not a signatory to or an indemnitee under the contract, which identifies an affiliate of Pure Barre...

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