Simone v. Liebherr Cranes, Inc.
Cases that cite this one
6 later published cases cite this decision.
- Mogrovejo v. HG Hous. Dev. Fund Co., Inc. (Appellate Division of the Supreme Court of New York 2022)
- Ging v. F.J. Sciame Constr. Co., Inc. (Appellate Division of the Supreme Court of New York 2021)
- Ging v. F.J. Sciame Constr. Co., Inc. (Appellate Division of the Supreme Court of New York 2021)
- Bermejo v. New York City Health & Hospitals Corp. (Appellate Division of the Supreme Court of New York 2014)
- Britez v. Madison Park Owner, LLC (Appellate Division of the Supreme Court of New York 2013)
- Britez v. Madison Park Owner, LLC (Appellate Division of the Supreme Court of New York 2013)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The contract between the defendant Resun Leasing, Inc. (hereinafter the appellant), as subcontractor, and the defendant Beys Contracting, Inc. (hereinafter the respondent), as contractor provided that “[t]o the extent permitted by law, Subcontractor shall indemnify, hold harmless and defend . . . Contractor . . . and [its] agents and employees . . . from and against all claims, damages, losses and expenses including but not limited to attorneys’ fees arising out of or resulting from the performance of the agreement, provided any such claim, damage, loss or expenses (a) is attributable to bodily injury . . . and (b) is caused in whole or in part by any act or omission of the Subcontractor or anyone directly or indirectly employed by it or anyone for whose acts it may be liable pursuant to the performance of the agreement.”
Contrary to the appellant’s contention, the respondent established its prima facie entitlement to judgment as a matter of law by showing that this action arose out of the appellant’s performance of the contract and the acts or omissions of persons and entities directly and indirectly employed by the appellant (cf. Langner v Primary Home Care Servs., Inc., 83 AD3d 1007, 1010 [2011]; D’Angelo v Builders Group, 45 AD3d 522 [2007]). The plain and unambiguous terms of the contract did not condi
The appellant’s remaining contentions are without merit.
Accordingly, the Supreme Court properly granted that branch of the respondent’s cross motion which was for summary judgment on its cause of action asserted in the second third-party action against the appellant for contractual indemnification with respect to attorneys’ fees and costs. Skelos, J.E, Leventhal, Belen and Roman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.