Cohen v. New York City Industrial Development Agency
Opinion of the Court
Plaintiff, an ironworker employed by Pre-Fab, alleges that as he and a coworker were moving steel beams, he slipped and fell on plastic debris located on a sand surface. The construction project, which was to build an indoor tennis facility, was owned by defendants New York City Industrial Development Agency and USTA National Tennis Center Association, Incorporated. The owners had contracted with J.H. Mack, LLC to be the general contractor, and J.H. Mack had contracted with Pre-Fab to perform the steel erection work at the site and with Giaquinto to perform the masonry work.
Dismissal of J.H. Mack’s claim for contractual indemnification against Pre-Fab was warranted since there is no evidence that Pre-Fab negligently supervised plaintiffs work or otherwise caused or contributed to the accident (see Paltie v Marquise Constr. Corp., 49 AD3d 380 [2008]; see also Pepe v Center for Jewish History, Inc., 59 AD3d 277 [2009]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.