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PELOTE v. BEREAN APARTMENTS HOUSING DEVELOPMENT FUND COMPANY, INC.

Index No. 305117/15. Appeal No. 12322. Case No. 2020-01012.

188 A.D.3d 467 (2020)

131 N.Y.S.3d 888

2020 NY Slip Op 06400

Marion Pelote, Plaintiff, v. Berean Apartments Housing Development Fund Company, Inc., et al., Defendants. Berean Apartments, LLC, Third-Party Plaintiff-Respondent, v. Procida Construction Corp., Third-Party Defendant-Appellant.

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

Decided November 10, 2020.

The indemnification provision in the contract between Berean and Procida was triggered by the fact that the alleged accident arose out of Procida's work (see Torres v Morse Diesel Intl., Inc., 14 A.D.3d 401, 403 [1st Dept 2005]). The indemnification provision is clear and unambiguous, and demonstrates an intention to indemnify (see generally Karwowski v 1407 Broadway Real Estate, LLC, 160 A.D.3d 82

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