111 LLC v. [And A Third-Party Action] (2024)

Order, Supreme Court, New York County (Melissa A. Crane, J.), entered August 14, 2023, which, to the extent appealed from as limited by the briefs, granted that portion of defendant U.S. Crane and Rigging's and defendant/third-party plaintiff NYC Crane Hoist Operations, LLC's (defendants) motions for summary judgment dismissing plaintiff 111 West 57 th Holdings LLC's (Holdings) claims against them, unanimously affirmed, without costs.

The court properly dismissed Holdings’ breach of contract claims based on contractual indemnification, as Holdings was not a party to the contract between defendants and the subcontractor at the construction site where the accident occurred, nor was Holdings an intended third-party beneficiary under the contract (see Gotham Partners, L.P. v. High Riv. Ltd. Partnership, 76 A.D.3d 203, 206, 906 N.Y.S.2d 205 [1st Dept. 2010], lv denied 17 N.Y.3d 713, 2011 WL 4977339 [2011]).  In any event, that provision would be inapplicable to Holdings’ direct claims.  The court also properly dismissed Holdings’ negligence claim, as defendants did not owe it a duty of care (see 532 Madison Ave. Gourmet Foods v. Finlandia Ctr., 96 N.Y.2d 280, 288–292, 727 N.Y.S.2d 49, 750 N.E.2d 1097 [2001]).