Selis v. Town of North Hempstead

Summary

The Appellate Division, Second Department dismissed as academic the appeal concerning summary judgment dismissing the personal-injury complaint because judgment had been entered after trial. It affirmed the denial of Jewish Association for Services for the Aged's motion for summary judgment dismissing the Town of North Hempstead's contractual indemnification claim, holding that the indemnification provision could apply because the injury occurred while the plaintiff was performing work for JASA.

Holdings

1. The appeal from the portion of the order denying JASA's motion for summary judgment dismissing the complaint was dismissed because a judgment had subsequently been entered after trial.
2. JASA was not entitled to summary judgment because it failed to make a prima facie showing that it was not contractually obligated to indemnify the Town.
3. General Obligations Law § 5-322.1 was inapplicable because the JASA-Town contract was unrelated to the construction, alteration, repair, or maintenance of a building.

Questions Presented

1. Whether the appeal from denial of summary judgment dismissing the personal-injury complaint should be dismissed after entry of a final judgment following trial.
2. Whether JASA established prima facie entitlement to summary judgment dismissing the Town's contractual-indemnification claim.
3. Whether General Obligations Law § 5-322.1 barred enforcement of the contractual-indemnification provision.

Disposition

dismissed