This was an action for personal injuries arising out of an accident involving the plaintiff, a journeymen steamfitter employed by FL Mechanical, which occurred on September 30, 2010, when he fell from an extension ladder while working on a pipe in the ceiling at a project involving the retail fit out of an Aeropostale store in the building known as 1515 Broadway, New York, New York. The building is owned by 1515 Broadway and managed by SL Green. Structure Tone was the general contractor for the Aeropostale project. The plaintiffs sued Structure Tone, 1515 Broadway and SL Green. Structure Tone in turn impleaded React Industries asserting claims for common law contribution and/or indemnification, contractual indemnification and breach of contract for the failure to procure insurance. Structure Tone and SL Green subsequently brought a second third-party action against our client, FRP Sheet Metal Contracting Corp., sounding in common law contribution and indemnity, contractual indemnification and breach of contract for the failure to procure insurance. At the close of discovery the plaintiff was granted summary judgment against Structure Tone and 1515 Broadway under Labor Law 240(1). Those parties subsequently settled with the plaintiff for $3,625,000 and then went to trial to prosecute their remaining third-party claims against FRP and two other subcontractors. At the close of evidence, the court granted FRP a directed verdict finding that Structure Tone failed to prove its entitlement to contractual indemnity against FRP.
Scekic v. SL Green Realty Corp. et al., Index No. 113386/10 (N.Y. Co. Sup. Ct., Feb. 22, 2016)
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