Rodriguez v. RXR Glen Isle Partners LLC

Summary

The Appellate Division, First Department affirmed an order granting conditional summary judgment to RXR-Hunter on its contractual indemnity claims against Custom Services Contracting of NY, Inc. The court held that the plaintiff’s injury arose out of Custom Services’ work, triggering the indemnity provision, while factual issues concerning possible negligence by RXR-Hunter supported conditional rather than unconditional indemnity.

Holdings

1. RXR-Hunter established prima facie entitlement to conditional summary judgment because Rodriguez's injury occurred while he was performing work for CSC, causing the accident to arise out of CSC's work and triggering CSC's contractual indemnity obligation under the broad performance-of-the-work clause.
2. CSC failed to raise a material issue of fact in opposition to RXR-Hunter's motion.
3. Conditional indemnity was appropriate because factual issues remained regarding possible negligence by RXR-Hunter and the extent to which such negligence may have contributed to the accident.

Questions Presented

1. Whether RXR-Hunter established prima facie entitlement to conditional summary judgment on its contractual-indemnity claims against CSC.
2. Whether CSC raised a material issue of fact in opposition to RXR-Hunter's motion.
3. Whether conditional indemnity was appropriate because factual issues remained regarding possible negligence by RXR-Hunter.

Disposition

affirmed