Almonte v. Cauldwell-Wingate Co.
NEW YORK COUNTY
Justice Lucy Billings
Bradshaw Mechanical moved to dismiss the amended third-party complaint based on a failure to state a claim for relief under ASM Mechanical Systems' subcontract with Bradshaw. Bradshaw employed Almonte, who claimed injury while engaged in his job at a construction site where his employer was a subcontractor. Cauldwell-Wingate sought contribution and indemnification for liability to Almonte from Bradshaw. There was no contract directly between Cauldwell and Bradshaw as Cauldwell contracted directly with ASM, who subcontracted with Bradshaw, but that Cauldwell relied stating subcontractor agreed to indemnify and hold harmless contractor for claims arising from Almonte's work on the site. The court concluded that as the subcontract provided for indemnity to one contractor, and unquestionably to ASM, the subcontract did not provide indemnification of Cauldwell, which contracted with AM, not Bradshaw. Thus, Bradshaw was entitled to dismissal of the third-party complaint and cross-claims against it, except by ASM.