FRANKLIN v. T-MOBILE USA, INC.

10427. 161510/14. 595451/15. 595664/15.

177 A.D.3d 552 (2019)

110 N.Y.S.3d 843

2019 NY Slip Op 08510

Mark Franklin, Plaintiff, v. T-Mobile USA, Inc., et al., Defendants/Third-Party Plaintiffs-Appellants. Energy Design Service Systems, LLC, Third-Party Defendant-Respondent. (And Another Third-Party Action.)

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

Decided November 21, 2019.


On this record, there are issues of fact as to the negligence of defendants/third-party plaintiffs, who seek to enforce the subject indemnification provision (Rodriguez v Heritage Hills Socy., Ltd., 141 A.D.3d 482 [1st Dept 2016] [owner failed to make prima facie showing that it did not create or have notice of allegedly dangerous condition]; Cruz v Kowal Indus., 267 A.D.2d 271, 272 [2d...

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