2/20/2007
Castilla v. K.A.B. Realty
The Appellate Division, Second Department, reversed a Kings County decision denying a motion for summary judgment on our client’s contractual indemnity claims. Kathleen M. Mulholland was able to show that there was no evidence of negligence on the part of our client and that any liability that could be assessed against it would be purely vicarious. Thus, the General Obligations Law §5-322.1, which states that a party may not be indemnified for its own negligence, was deemed inapplicable. The Second Department held that the indemnity provision of the contract between our client and its contractor was enforceable and that the lower court should have granted summary judgment in favor of our client.