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GOYARD NY, LLC v. FRIEDLAND PROPS., INC.

652171/18. 652224/18. Appeal No. 15440. Case No. 2021-03960.

203 A.D.3d 427 (2022)

160 N.Y.S.3d 600

2022 NY Slip Op 01387

Goyard NY, LLC, Plaintiff, v. Friedland Properties, Inc., et al., Appellants, and Scalpel Construction, Inc., Respondent, et al., Defendant. DFAWEAST, LLC, Plaintiff, v. Friedland Properties, Inc., et al., Appellants, and Scalpel Construction, Inc., et al., Respondents, et al., Defendant.

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

Decided March 3, 2022.

Attorney(s) appearing for the Case

Hannum Feretic Prendergast & Merlino, LLC, New York ( John E. Hannum of counsel), for appellants.

Law Offices of James J. Toomey, New York ( Evy L. Kazansky of counsel), for respondents.

Concur—Renwick, Gesmer, Moulton, Rodriguez, Pitt, JJ.

The court correctly concluded that defendants were not entitled to conditional summary judgment on the cross claims for contractual indemnification against Scalpel, as it has not been determined either that the alleged property damages resulted from Scalpel's performance of the work, or that Scalpel was negligent. Both are required to trigger the indemnification clause (see Delgaudio v Townhouse Co. LLC, 189 A.D.3d 429, 430 [1st...

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