Synysta v. 450 Partners, LLC

Summary

The Appellate Division, Second Department affirmed an order granting Commercial Electrical Contractors summary judgment dismissing claims for contractual and common-law indemnification and contribution. The court held that Commercial’s work was limited to installing new wiring and did not cause the accident involving preexisting wiring, so the contractual indemnification provision was not triggered. The court also concluded that Commercial owed no duty independent of its contractual obligations supporting contribution claims.

Holdings

1. Commercial was entitled to summary judgment dismissing the contractual indemnification claims and cross-claims because the indemnification provision was triggered only by bodily injury caused in whole or in part by an act or omission of Commercial, and the evidence established that Commercial's work did not involve the preexisting wiring implicated in the accident.
2. Commercial was entitled to summary judgment dismissing the common-law indemnification claims and cross-claims because the evidence did not establish that Commercial was negligent or responsible for negligence contributing to the accident, nor that it had authority to direct, supervise, or control the work giving rise to the injury.
3. Commercial was entitled to summary judgment dismissing the contribution cross-claims because it owed no duty of reasonable care to the appellants independent of its contractual obligations.

Questions Presented

1. Whether Commercial Electrical Contractors was entitled to summary judgment dismissing contractual indemnification claims and cross-claims.
2. Whether Commercial Electrical Contractors was entitled to summary judgment dismissing common-law indemnification claims and cross-claims.
3. Whether Commercial Electrical Contractors was entitled to summary judgment dismissing contribution cross-claims based on the absence of an independent duty of reasonable care.

Disposition

affirmed