BENITEZ v. CHURCH OF ST. VALENTINE WILLIAMSBRIDGE N.Y.

9055, 300659/11, 84104/11.

171 A.D.3d 593 (2019)

98 N.Y.S.3d 587

2019 NY Slip Op 02990

Cesar A. Benitez, Plaintiff, v. Church of St. Valentine Williamsbridge New York, Appellant/Third-Party Plaintiff-Appellant, et al., Defendant. Kuzhikodil Enterprise Inc., Third-Party Defendant-Respondent.

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

Decided April 23, 2019.


The court correctly denied the claim of St. Valentine Williamsbridge New York (St. Valentine) for contractual indemnification, because it was not included as the named "owner" in the indemnification agreements, and there is no evidence that it was a third-party beneficiary of those same agreements between the tenant and the contractor. There is nothing in the agreements suggesting that St. Valentine was intended to be a named indemnitee, and St. Valentine failed to establish...

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