GUTIERREZ v. 451 LEXINGTON REALTY LLC

10723, 305823/13, 83959/14.

179 A.D.3d 422 (2020)

117 N.Y.S.3d 196

2020 NY Slip Op 00060

Pedro Gutierrez, Plaintiff, v. 451 Lexington Realty LLC et al., Defendants. 451 Lexington Realty LLC et al., Third-Party Plaintiffs-Respondents, v. Vortex Electric Co. Inc. et al., Third-Party Defendants-Appellants.

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

Decided January 7, 2020.


The court properly granted third-party plaintiffs' motion. Vortex signed an agreement in connection with the construction work to be done at the site, which clearly and unambiguously obligated it to defend and indemnify third-party plaintiffs for any personal injury claims resulting from the work under the subcontract. Flintlock was not at the scene at the time of plaintiff's accident, and both third-party plaintiffs' liability to plaintiff was strictly vicarious (see...

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