SCEKIC v. SL GREEN REALTY CORP.

Index No. 113386/10, 590275/11, 590815/11, 590948/12. Appeal No. 14160. Case No. 2019-04749.

196 A.D.3d 420 (2021)

146 N.Y.S.3d 778

2021 NY Slip Op 04207

Zoran Scekic et al., Plaintiffs, v. SL Green Realty Corp. et al., Defendants. Structure Tone, Inc., Third-Party Plaintiff, v. React Industries, Inc., et al., Third-Party Defendants. Structure Tone, Inc., Second Third-Party Plaintiff-Respondent, et al., Second Third-Party Plaintiff, v. FRP Sheet Metal Contracting Corp. Second Third-Party Defendant-Appellant. (And a Third Third-Party Action.).

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

Decided July 6, 2021.


Attorney(s) appearing for the Case

Fabiani Cohen & Hall, LLP, New York ( Thomas J. Hall and Allison A. Snyder of counsel), for appellant.

Barry McTiernan & Moore LLC, New York ( William Joyce of counsel), for respondent.

Concur—Acosta, P.J., Kapnick, Moulton, Scarpulla, JJ.


The purchase order at issue contains a clause under which indemnity lies in favor of Structure Tone where the claim arises in any manner from the acts or omissions of FRP, its officers, directors, agents, employees, and subcontractors "in connection with the performance of any work by Subcontractor pursuant to this purchase order." FRP's interpretation of the clause as only being triggered where it performs the work itself would impermissibly render that portion of the provision...

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