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DeJESUS v. SWEET CONSTR. CORP.

Index No. 1528641/15, 595487/15. Appeal No. 13279N. Case No. 2020-02941.

192 A.D.3d 416 (2021)

139 N.Y.S.3d 800

2021 NY Slip Op 01319

Antonio DeJesus, Plaintiff, v. Sweet Construction Corp., et al., Appellants-Respondents, et al., Defendants. Sweet Construction Corp., et al., Third-Party Plaintiffs-Appellants-Respondents, v. Cleaning Contractors Corp., Third-Party Defendant-Respondent-Appellant.

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

Decided March 4, 2021.

Attorney(s) appearing for the Case

Kaufman Dolowich & Voluck LLP, Woodbury ( Roland A. Vitanza of counsel), for appellants-respondents.

Foran Glennon Palandech Ponzi & Rudloff PC, New York ( Nicholas J. Marino of counsel), for respondent-appellant.

Concur—Renwick, J.P., Kennedy, Scarpulla, Shulman, JJ.

The motion court correctly denied summary judgment to Sweet on its contractual indemnification claim against CCC. There was no indemnification agreement in existence at the time of the accident and no proof that the indemnification clause in the subsequently executed contract was to be afforded retroactive effect (see Temmel v 1515 Broadway Assoc., L.P., 18 A.D.3d 364, 365 [1st Dept 2005...

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