ROJAS v. 96 SPRINGS LLC ALO LLC ALO LLC (2025)

The following e-filed documents, listed by NYSCEF document number (Motion 003) 134-144, 151-153, 157 were read on this motion to/for JUDGMENT - SUMMARY.

Upon the foregoing documents, it is

Defendants/third-party plaintiffs 96 Springs, LLC (“96 Springs”), ALO, LLC d/b/a Alo Yoga, LLC (“ALO”), Color Image Apparel Inc. (“Color Image”), Shawmut Design and Construction s/h/a Shawmut Woodworking & Supply Inc., and Shawmut Design and Construction (“Shawmut”) (together, “96 Spring defendants”) move for summary judgment dismissing plaintiff's Labor Law § 200 and common-law negligence causes of action, and for summary judgment on their contractual indemnification claim asserted against third third-party defendant M.C. Electrical NY Inc., and dismissing all cross-claims against defendants.¹

During the pendency of this motion, plaintiff withdrew his Labor Law § 200 and common law negligence claims (NYSCEF Doc. 145). Thus, that part of the motion directed to these claims is denied as moot.

The 96 Spring defendants seek dismissal of the cross-claims asserted by third third-party defendant M.C. Electrical Construction, Inc. (“M.C. Electrical”) for contribution and indemnification. Because M.C. Electrical did not oppose dismissal of those cross-claims (NYSCEF Doc. 151), they are dismissed as abandoned (see Gamez v Sandy Clarkson LLC, 221 AD3d 453, 454-455 [1st Dept 2023]; Martin Assoc., Inc. v Illinois Natl. Ins. Co., 188 AD3d 572, 573 [1st Dept 2020]; Saidin v Negron, 136 AD3d 458, 459 [1st Dept 2016], lv dismissed 28 NY3d 1069 [2016], cert denied 583 US 842 [2017]).

As set forth in the sub-contract between M.C. Electrical and Shawmut, M.C. Electrical agreed to abide by the provisions of the master contract (NYSCEF Doc. 143 ¶ 1; see NYSCEF Doc. 142). By its terms, the indemnification provision in the subcontract was not triggered unless M.C. Electrical was negligent (NYSCEF Doc. 143 ¶ 4). As there has been no fact-finding in this matter, and issues of fact remain, summary judgment on the contractual indemnification claim is premature on the present record (see Quiroz v New York Presbyt./Columbia Univ. Med. Ctr., 202 AD3d 555, 557 [1st Dept 2022]). Accordingly, it is

ORDERED that that part of the motion by defendants/third-party plaintiffs 96 Springs, LLC, ALO, LLC d/b/a Alo Yoga, LLC, Color Image Apparel Inc., Shawmut Design and Construction s/h/a Shawmut Woodworking & Supply Inc., and Shawmut Design and Construction seeking dismissal of plaintiff's Labor Law § 200 and common law negligence claims is DENIED as moot; and it is further

ORDERED that the motion for summary judgment by defendants/third-party plaintiffs 96 Springs, LLC, ALO, LLC d/b/a Alo Yoga, LLC, Color Image Apparel Inc., Shawmut Design and Construction s/h/a Shawmut Woodworking & Supply Inc., and Shawmut Design and Construction is GRANTED IN PART, only to the extent that M.C. Electrical Construction, Inc.'s cross-claims for contribution and indemnification are dismissed as abandoned, and is otherwise DENIED; and it is further

ORDERED that the parties shall appear for a pre-trial conference to be calendared by the Clerk of the Court.

This constitutes the decision and order of the Court.

FOOTNOTES

1.   Defendant/third-party plaintiff/second third-party plaintiff 96 Springs discontinued the third-party action against defendant/third-party defendant ALO (NYSCEF Doc. 63) and the second third-party action against defendant/second third-party defendant Shawmut (NYSCEF Doc. 64).

Ashlee Crawford, J.