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PERANZO v. WFP TOWER D CO. L.P.

154704/16, 595094/17, 595128/17. Appeal No. 15041-15042. Case Nos. 2020-04866, 2020-04865.

201 A.D.3d 486 (2022)

162 N.Y.S.3d 3

2022 NY Slip Op 00147

Amedeo Peranzo, Respondent, v. WFP Tower D Co. L.P. et al., Respondents, and Titanium Scaffold Services, LLC, Appellant/Third-Party Plaintiff-Appellant. Pier Head Associates, Ltd., et al., Third-Party Defendants-Respondents. (And a Second Third-Party Action.)

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for appellant.

Barry McTiernan & Moore LLC, New York ( Patrick Kenny of counsel), for WFP Tower D Co. L.P., Brookfield Financial Properties L.P. and Structure Tone, Inc., respondents.

Furman, Kornfeld & Brennan LLP, New York ( Andrew S. Kowlowitz of counsel), for Pier Head Associates, Ltd., respondent.

Concur—Gische, J.P., Kern, Friedman, Oing, Singh, JJ.

The motion court properly dismissed Titanium's contractual indemnification claims against Pier Head as there was no evidence that Pier Head was negligent in the performance of its contract with Titanium so as to trigger the indemnification clause of the parties' subcontract (see Rubino v 330 Madison Co., LLC, 150 A.D.3d 603, 604 [1st Dept 2017]; Hamill v Mutual of Am. Inv. Corp., 79 A.D.3d 478<...

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