ENRIQUE SOSA, PLAINTIFF, v. 46TH STREET DEVELOPMENT LLC def-ap, FIVE STAR ELECTRICAL CORP., def-res

8056. ENRIQUE SOSA, PLAINTIFF, v. 46TH STREET DEVELOPMENT LLC def-ap, FIVE STAR ELECTRICAL CORP., def-res — Goldberg Segalla LLP, Garden City (Brian W. McElhenny of counsel), for ap — Peisner Girsh Schaefer & Sfouggatakis, New York (Allen H. Gueldenzopf of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 23, 2011, which, to the extent appealed from as limited by the briefs, denied the motion of defendant Plaza Construction Corporation (Plaza) for conditional summary judgment on its cross claim seeking contractual indemnification from defendant Five Star Electrical Corp. (Five Star), affirmed, without costs.

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8056. ENRIQUE SOSA, PLAINTIFF, v. 46TH STREET DEVELOPMENT LLC def-ap, FIVE STAR ELECTRICAL CORP., def-res — Goldberg Segalla LLP, Garden City (Brian W. McElhenny of counsel), for ap — Peisner Girsh Schaefer & Sfouggatakis, New York (Allen H. Gueldenzopf of counsel), for res — Order, Supreme Court, New York County (Eileen A. Rakower, J.), entered December 23, 2011, which, to the extent appealed from as limited by the briefs, denied the motion of defendant Plaza Construction Corporation (Plaza) for conditional summary judgment on its cross claim seeking contractual indemnification from defendant Five Star Electrical Corp. (Five Star), affirmed, without costs.

Defendant 46 Street Development LLC (owner) hired Plaza to manage the construction of a 42-story residential building owned by the former. Plaza hired Five Star as the electrical subcontractor. Pursuant to the contract between Plaza and the owner, Plaza was solely responsible for “coordinating the construction of all portions of the work,” and had broad and specific responsibilities relating to site safety. Indeed, Plaza hired an outside safety coordinator, Total Safety Consulting, to ensure that all proper safety precautions were taken on the site. The contract between Plaza and Five Star contained an indemnification and hold harmless clause, which provided that Five Star would indemnify and hold Plaza harmless for damages which “ar[i] se out of or are connected with or … claimed to arise out of or be connected with … performance of [w] ork by [Five Star].”

ENRIQUE SOSA, PLAINTIFF, v. 46TH STREET DEVELOPMENT LLC def-ap, FIVE STAR ELECTRICAL CORP., def-res

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