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Marquez v. 171 Tenants Corp.
Citation: 2020 NY Slip Op 826Docket: 106616/11 590934/12 -89
Court: Appellate Division of the Supreme Court of the State of New York; February 3, 2020; New York; State Appellate Court
Original Court Document: View Document
Raul Marquez filed a lawsuit against 171 Tenants Corp., David Kleinberg-Levin, and Kenneth and Cynthia Cook after allegedly falling from a ladder while painting a common hallway in a cooperative building. Marquez asserted claims of common-law negligence and violations of Labor Law. The Supreme Court, New York County, denied 171 Tenants Corp.'s motion for summary judgment on its contractual indemnification claims against the co-defendants and granted their cross motions for summary judgment, dismissing all claims against them. Kleinberg-Levin and the Cooks were found exempt from Labor Law liability under the homeowner's exemption, as the work was for their benefit as single-family occupants and not for commercial purposes. Their selection of paint colors and wallpaper did not contribute to liability. The court also ruled that the proprietary lease's indemnity clause was not triggered by merely hiring Marquez's employer for the painting job, as this did not constitute an "act" that would invoke indemnification. The appellate court unanimously affirmed the lower court's decision without costs, and motions to strike Marquez's brief were denied. The decision was entered on February 4, 2020.