In a decision dated February 18, 2011, Justice Judith J. Gische granted the defendant/third-party plaintiff’s (“general contractor”) summary judgment motion seeking contractual indemnification against third-party defendant (“plaintiff’s employer”).  The Court found that plaintiff’s employer’s subcontract agreement with the general contractor, which required the plaintiff’s employer to hold harmless and indemnify the general contractor, and the plaintiff’s employer’s insurance rider, which required it to obtain insurance for the benefit of the general contractor, were not inconsistent.  Further, as the agreement did not condition plaintiff’s employer’s obligation to indemnify the general contractor on a finding that plaintiff’s employer was negligent, plaintiff’s employer’s obligation to indemnify the general contractor with respect to the plaintiff’s causes of action pursuant to Labor Law §§240(1) and 241(6) was unconditional, and the general contractor’s summary judgment motion was not premature.

Palamar v. Koch Skanska, Inc. et al., Index No.: 114187/04 (New York Co. Sup. Ct., February 18, 2011)