The plaintiff, a plumber employed by second third-party defendant, Pace Plumbing Corp., alleges that he was involved in a construction accident on April 17, 2003, at a building owned by defendant Rockefeller Center North, Inc. and leased by defendant Time, Inc. The plaintiff sued Rockefeller / Time, who in turn impleaded Pace asserting a contractual contribution / indemnity claim based upon a one page indemnification agreement that was contained within a subcontract for plumbing demolition work between Pace and third-party defendant, McCann Inc. After the completion of discovery, Rockefeller / Time and Pace negotiated a partial settlement with the plaintiff whereby they agreed to pay a sum certain to settle the plaintiff’s claims and to proceed to trial on Rockefeller / Time’s second-third party claims for contractual contribution / indemnity against Pace. At trial, Rockefeller / Time successfully obtained a verdict in its favor on the contractual contribution / indemnity claims against Pace.
Picano v. Rockefeller Center North, Inc. et al., Index No. 115832/04 (N.Y. Co. Sup. Ct. 2012)