In a decision dated April 16, 2026, the Hon. Ashlee Crawford of Bronx County Supreme Court granted our clients’ motion to reargue and, upon reargument, granted our motion for summary judgment seeking contractual indemnity from the plaintiff’s employer, MC Electrical Construction, Inc. The plaintiff alleges that he was injured on February 27, 2018, when he fell from a ladder that moved while he was running electrical cables in the ceiling while working for the third-party defendant, MC Electrical. We represent the building owner, 96 Springs, LLC, the tenant that contracted for the work Alo, LLC/Color Image Apparel Inc., and the general contractor, Shawmut Woodworking & Supply, Inc. At the conclusion of discovery, we filed a motion for summary judgment seeking dismissal of the plaintiff’s Labor Law §200 and common law negligence claims, for contractual indemnity from the plaintiff’s employer and for dismissal of the third-party defendants’ counterclaims. Upon receipt of our motion papers, the plaintiff withdrew his common law negligence and Labor Law §200 claims. In her original decision, Judge Crawford granted that portion of our motion which sought dismissal of MC Electrical’s counter claims, but denied our motion for contractual indemnity finding that the indemnity provision in the contract required a determination that the accident was caused by MC Electrical Construction, Inc.’s negligence, which had not been established. We moved to reargue the portion of the Order that denied our motion for contractual indemnity arguing that the Court misapprehended the contract by requiring a showing of negligence, when the indemnity provision only required us to show that the accident arose out of MC Electrical’s work and that it was caused, in whole or in part, by the acts or omissions of MC Electrical and its employees, including the plaintiff. The Judge agreed with our reading of the contract and granted reargument and, upon reargument, granted our clients summary judgment on their contractual indemnity claim against MC Electrical conditioned only on a finding of liability in favor of the plaintiff..  

Tito Alexander Rojas v. 96 Springs, LLC et al., Index No. 25484/2018E (Sup. Ct. Bronx Co., Apr. 16, 2026)