Summary
The Appellate Division, First Department affirmed the lower court's denial of FedEx's motion for summary judgment regarding a third-party claim for contractual indemnification. The court determined that a genuine issue of fact existed as to whether the plaintiff's injury resulted from FedEx's use of the leased property, thereby triggering the indemnity clause. The court also ruled that the plaintiff's written statement and hospital records were properly considered despite hearsay and admissibility challenges, and rejected the argument that General Obligations Law § 5-322.1 rendered the indemnification provision unenforceable because it governs construction contracts rather than leases.
Topics
Practice areas
Questions Presented
- Whether the trial court erred in denying FedEx's motion for summary judgment given the factual dispute over the accident's cause.
- Whether General Obligations Law §5-322.1 applies to the indemnification provision arising from a lease agreement.
Holdings
- The appellate division affirmed the denial of FedEx's summary judgment motion, finding that a genuine issue of material fact exists as to whether the plaintiff's accident arose from FedEx's use of the property.
- The court held that §5-322.1 does not apply because the indemnification provision arises from a lease, not from a contract related to construction, alteration, repair, or maintenance of a building.
Key quotations
“"not [a] purely legal argument[] apparent on the face of the record but depend[s] on facts not brought to the parties' attention below"”
Factual background
Plaintiff Angelo Chiatto was injured when he slipped off the foot ledge of a FedEx vehicle while exiting after a delivery. The lease indemnification provision requires FedEx to indemnify Four State for bodily injury claims arising from FedEx's use of the property, except for intentional or negligent acts of Four State. The court considered whether the accident arose from FedEx's use of the property and whether the indemnity provision is enforceable under General Obligations Law §5-322.1.
Procedural history
The trial court denied FedEx's motion for summary judgment on the basis that factual disputes existed regarding the accident and the applicability of the indemnification provision. FedEx appealed the denial.