Juarez v. Rye Depot Plaza, LLC
Cases that cite this one
6 later published cases cite this decision.
- Zalewski v. MH Residential 1, LLC (Appellate Division of the Supreme Court of New York 2018)
- Suazo v. 501 Madison-Sutton LLC (Appellate Division of the Supreme Court of New York 2026)
- DeJesus v. Sweet Constr. Corp. (Appellate Division of the Supreme Court of New York 2021)
- DeJesus v. Sweet Constr. Corp. (Appellate Division of the Supreme Court of New York 2021)
- Mendez v. Bank of Am., N.A. (Appellate Division of the Supreme Court of New York 2020)
- Cacanoski v. 35 Cedar Place Associates, LLC (Appellate Division of the Supreme Court of New York 2017)
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
Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered April 1, 2015, which denied defendants/third-party plaintiffs’ (Rye and Imajan) motion for summary judgment on their contractual indemnification claim against third-party defendant (GFX), unanimously affirmed, with costs.
Rye and Imajan failed to establish prima facie either that GFX executed the indemnification agreement before plaintiff’s accident or that the agreement was intended to be retroactive (see Mikulski v Adam R. West, Inc., 78 AD3d 910 [2d Dept 2010]). Neither Rye’s principal nor GFX’s principal recalled when the undated agreement was signed. Nor does the conclusory affidavit by the controller of Imajan’s manager establish the date on which the agreement was signed. As to retroactivity, the agreement contains no “express words or necessary implication [by which] it clearly appears to be the parties’ intention to include past obligations” (see Mikulski, 78 AD3d at 911 [internal quotation marks omitted]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.