In a decision dated February 9, 2026, Hon. Phaedra F. Perry-Bond of the New York County Supreme Court granted our client Atlantic Cooling Technologies and Services, LLC’s motion for summary judgment dismissing the third-party complaint asserted against it in a Labor Law action arising from an alleged fall inside a cooling tower at a Manhattan commercial property. The plaintiff commenced the action against the owner and related entities, alleging that he sustained injuries while performing work on a cooling tower at 399 Park Avenue. The property owner, the Board of Managers of the 399 Park Avenue Condominium, subsequently commenced a third-party action for contractual indemnification, common law indemnification, contribution and breach of contract for the failure to procure insurance against the plaintiff’s employer, Atlantic, which had been retained in connection with cooling tower services at the premises. The Court granted Atlantic’s motion to dismiss the third-party complaint in its entirety holding that the contractual indemnification provision relied upon by the owner was unenforceable under General Obligations Law §5-322.1 because it was overly broad and required indemnification even where the owner’s own negligence may have contributed to the accident. The Court further dismissed the owner’s claims for common law indemnification and contribution, finding that such claims were barred by Workers’ Compensation Law §11, as the plaintiff did not sustain a “grave injury” within the meaning of the statute. The Court also dismissed the breach of contract claim for failure to procure insurance, concluding that the record did not support a viable claim against Atlantic. As a result of the Court’s decision, Atlantic was dismissed from the action.

Robert Olecki v. BP 399 Park Avenue, LLC, et al., Index No. 159112/2021 (Sup. Ct. N.Y. Co. Feb. 9, 2026)