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MANCUSI v. AVALONBAY COMMUNITIES, INC.

Index No. 156626/15, 595242/16, 595084/18. Appeal No. 14572. Case No. 2021-02444.

199 A.D.3d 463 (2021)

154 N.Y.S.3d 225

2021 NY Slip Op 06090

Vincent Mancusi, Respondent, v. Avalonbay Communities, Inc., et al., Respondents. (And a Third-Party Action.) Avalonbay Communities, Inc., et al., Second Third-Party Plaintiffs-Respondents, v. S.J. Electric, Inc., Second Third-Party Defendant-Appellant.

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

Decided November 9, 2021.

Attorney(s) appearing for the Case

O'Connor Redd Orlando LLP, Port Chester ( Peter Urreta of counsel), for appellant.

Harrington, Ocko & Monk, LLP, White Plains ( I. Paul Howansky of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Oing, Moulton, Scarpulla, JJ.

The provision requiring indemnification by SJE was triggered, since the injuries to plaintiff, an SJE employee, arose out of the performance of the work (see Aramburu v Midtown W. B, LLC, 126 A.D.3d 498, 500-501 [1st Dept 2015]; Fuger v Amsterdam House for Continuing Care Retirement Community, Inc., 117 A.D.3d 649, 650 [1st Dept 2014]). Whether...

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