Recent NY Case Regarding Cross-Claims For Common Law Indemnification and Summary Judgment
In another recent snow and ice case, the Appellate Division, Second Department addressed the important standards for cross-claims for common-law indemnification and summary judgment asserted by a co-defendant.
In Atanasoki v. Braha Indus., Inc., 2015 NY Slip Op 00483, __ A.D.3d __ (2d Dept. 2015), the plaintiff allegedly sustained personal injuries when slipping and falling on an icy sidewalk abutting a premises owned by Defendant BII Steinway, LLC (“BII”), and leased to Defendant New York & Company Stores, Inc. (“NY & C”).
The Supreme Court granted BII’s motion for summary judgment dismissing the complaint insofar as asserted against it, and NY & C's cross-claim. The Appellate Division, Second Department, affirmed BII’s motion for summary judgment dismissing the complaint, but, found a triable issue of fact as to NY & C’s cross-claim, and converted same into a third-party action.
The Court held that “it follows that a party who has itself actually participated to some degree in the wrongdoing cannot receive the benefit of the doctrine.”
Since the evidence revealed triable issues of fact as to whether BII or NY & C was responsible for maintaining the abutting sidewalk, the Court converted the cross-claim into a third-party action.
Each of the firm's offices include partners, associates and a professional staff dedicated to meeting the challenge of providing the firm's clients with extraordinary service.
