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SANCHEZ v. TRITON CONSTRUCTION COMPANY, LLC

11680. 308930/09. 84042/14.

184 A.D.3d 501 (2020)

126 N.Y.S.3d 451

2020 NY Slip Op 03475

Joe Sanchez, Respondent, v. Triton Construction Company, LLC, Respondent/Third-Party Plaintiff-Respondent, et al., Respondent. Low Bid Inc., Doing Business as Low Bid Erector, Third-Party Defendant-Respondent/Second Third-Party Defendant-Respondent; Canatal Industries, Inc., Third-Party Defendant-Appellant/Second Third-Party Plaintiff-Appellant.

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

Decided June 18, 2020.

Plaintiff, an employee of Low Bid, allegedly slipped on oil spilled on the floor at the work site. Trade contractor Canatal established prima facie that it was not negligent in connection with this accident and therefore that general contractor Triton's claim against it for common-law indemnification should be dismissed (see Correia v Professional Data Mgt., 259 A.D.2d 60, 65 [1st Dept 1999]). In opposition, Triton failed to raise...

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