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Lavorato v. Bethlehem Steel Corp.
Citations: 91 A.D.2d 1184; 459 N.Y.S.2d 170; 1983 N.Y. App. Div. LEXIS 16541
Court: Appellate Division of the Supreme Court of the State of New York; January 30, 1983; New York; State Appellate Court
Order granted on March 18, 1982, was modified per the accompanying memorandum and, as modified, along with the order from March 17, 1982, was affirmed without costs, with all justices concurring except Simons, J. In this personal injury case, plaintiff Frank Lavorato, an employee of Furnco Construction Corporation, sustained injuries from a fall off a scaffold erected by Furnco on Bethlehem Steel Corporation's property, as part of a contractual obligation between the two companies. The court affirmed the summary judgment for plaintiffs against Bethlehem on the issue of liability, and also for Bethlehem against third-party defendant Furnco on the same issue. The court ruled that Furnco must indemnify Bethlehem for reasonable attorneys' fees incurred in the defense of the primary action and in the prosecution of the third-party action, based on the indemnification clause in their contract which required Furnco to hold Bethlehem harmless from any injuries sustained by Furnco's employees. However, the court clarified that an award for attorneys' fees could not be made concerning Bethlehem's third-party action against Furnco, citing established legal principles that a party cannot recover costs for successfully enforcing its rights. The ruling referenced relevant case law to support its findings. The appeal originated from the Supreme Court, Erie County, with Justice Johnson presiding.