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Arrendal v. Trizechahn Corp.
Citations: 98 A.D.3d 699; 950 N.Y.S.2d 185
Court: Appellate Division of the Supreme Court of the State of New York; August 29, 2012; New York; State Appellate Court
In a personal injury case, Trizechahn Corporation appealed an order from the Supreme Court, Kings County, which granted summary judgment in favor of Summit Security Services, dismissing the complaint against them and Trizechahn’s cross claims for common-law and contractual indemnification. American Building Maintenance, Inc. also appealed the same order regarding the dismissal of claims against Summit. The court dismissed both appeals concerning the dismissal of the complaint against Summit, as the appellants were not aggrieved by that part of the order. The order was affirmed in other respects, awarding one bill of costs to Summit. Trizechahn owned a commercial building and had contracted Summit for security services, which included monitoring access to the loading dock. American Building Maintenance was contracted for cleaning services, including garbage disposal via a trash compactor connected to the loading dock. On March 10, 2005, a plaintiff, working at a restaurant in the building, fell into the compactor while disposing of garbage, sustaining injuries. Common-law indemnification allows a party to recover damages from the wrongdoer if the injury is solely due to the contractor's negligence. Summit demonstrated it had no duty to monitor the compactor or garbage disposal, establishing its entitlement to dismissal of Trizechahn's cross claim for common-law indemnification. Trizechahn did not present a triable issue of fact in opposition. Summit also established its entitlement to dismissal of the contractual indemnification claim by showing it did not breach the service contract. Again, Trizechahn failed to raise a triable issue of fact in response. Thus, the Supreme Court's decision to grant summary judgment in favor of Summit was upheld.