Zurich Am. Ins. Co. v. 56th & Park (NY) Owner, LLC

Summary

The Appellate Division, First Department, unanimously affirmed an order granting 56th and Park (NY) Owner, LLC summary judgment on its contractual indemnification claim against CGI Northeast Inc. The court held that the owner established that neither it nor the other potential indemnitees actively caused the underlying accident and that General Obligations Law § 5-322.1 did not bar recovery. CGI failed to raise a triable issue regarding active or willful misconduct, the scope of the indemnification provision, or the owner's control over the means and methods of the work.

Holdings

1. 56th and Park was entitled to summary judgment on its contractual indemnification claim because it established prima facie that neither it nor any other potential indemnitee identified in the agreement actively caused the underlying accident, and GCI failed to raise a triable issue of fact.
2. General Obligations Law § 5-322.1 did not bar recovery because 56th and Park established that it did not exercise authority over the means and methods of the work, and GCI failed to raise a triable issue concerning 56th and Park's control.

Questions Presented

1. Whether 56th and Park established entitlement to contractual indemnification by showing that neither it nor the other potential indemnitees actively caused the underlying accident.
2. Whether alleged negligence by McGraw Hudson Construction Company could be imputed to 56th and Park under the contractual indemnification provision.
3. Whether General Obligations Law § 5-322.1 barred enforcement of the indemnification clause because 56th and Park exercised authority over the means and methods of the work.

Disposition

affirmed