WILLIAMS v. 100 CHURCH FEE OWNER, LLC

Index No. 162738/14. Appeal No. 14469. Case No. 2021-00125.

198 A.D.3d 590 (2021)

152 N.Y.S.3d 899

2021 NY Slip Op 05843

Ruth Williams, Plaintiff, v. 100 Church Fee Owner, LLC, et al., Appellants, and McGovern & Company, LLC, Respondent.

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

Decided October 26, 2021.


Attorney(s) appearing for the Case

O'Connor O'Connor Hintz & Denveney, LLP, Melville ( Ira E. Goldstein of counsel), for appellants.

Law Office of James J. Toomey, New York ( Michael J. Kozoriz of counsel), for respondent.

Concur—Kern, J.P., Oing, Singh, Mendez, Higgitt, JJ.


The court properly granted summary judgment dismissing Church and SL's cross claims for contractual indemnification. The indemnification provision at issue required McGovern to indemnify Church and SL for certain claims resulting from acts or omissions in connection with McGovern's "performance of the Work." Although this provision is broadly worded, it must be construed in light of the apparent objective of the parties (see Inman v Binghamton Hous. Auth., ...

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