SACS Appellate Group Wins Affirmance of Order Dismissing Indemnification Claims Arising From Crane Collapse
After an extended oral argument, the First Department upheld the dismissal of the contractual indemnification claims. See DeGidio v. City of N.Y., __ A.D.3d __, 2019 N.Y. App. Div. LEXIS 7241 (1st Dep’t Oct. 8, 2019). As an initial matter, the Court observed that J&E was not responsible for the crane’s maintenance or operation. The Bench further reasoned that it was of no consequence that the crane was moving into position to lift a load of J&E’s materials where the operative agreement expressly excluded “hoisting” from the scope of the company’s work. Against this backdrop, the Court concluded that plaintiff’s injuries plainly did not arise out of J&E’s work, and thus the indemnity clause was not triggered.
Kudos to Chris Simone, who argued the appeal and drafted the brief with Jonathan Shaub.