RODRIGUEZ v. RXR GLEN ISLE PARTNERS LLC (2026)

Order, Supreme Court, New York County (Richard G. Latin, J.), entered August 19, 2024, which, to the extent appealed from, granted the motion of defendants RXR Glen Isle Partners LLC, RXR Garvies P1 Building H Owner LLC, RXR Garvies P1 Building I Owner LLC, RXR Garvies P1 Building B Owner LLC, and Hunter Roberts Construction Group, LLC (collectively RXR–Hunter) to the extent of granting conditional summary judgment to RXR–Hunter on its claims for contractual indemnity against third-party defendant Custom Services Contracting of NY, Inc. (CSC), unanimously affirmed, without costs.

RXR–Hunter established its prima facie entitlement to conditional summary judgment on its claims for contractual indemnity against CSC. The record establishes that plaintiff's injury occurred while he was performing work for his employer, CSC. The accident therefore arose out of CSC's work, triggering its contractual obligation to indemnify RXR–Hunter pursuant to the broad performance-of-the-work clause (see Travalja v. 135 W. 52nd St. Owner LLC, 232 A.D.3d 503, 505, 223 N.Y.S.3d 12 [1st Dept. 2024];  McKinney v. Empire State Dev. Corp., 217 A.D.3d 574, 575, 192 N.Y.S.3d 85 [1st Dept. 2023];  Alvarado v. SC 142 W. 24 LLC, 209 A.D.3d 422, 423, 176 N.Y.S.3d 229 [1st Dept. 2022]).  In opposition to RXR–Hunter's motion, CSC failed to raise a material issue of fact.  A finding of conditional indemnity was appropriate as issues of fact remain as to possible negligence on the part of RXR–Hunter and the extent to which such negligence may have contributed to the accident (see Travalja, 232 A.D.3d at 505, 223 N.Y.S.3d 12;  Hernandez v. Argo Corp., 95 A.D.3d 782, 945 N.Y.S.2d 662 [1st Dept. 2012]).