11/10/2022 – Estate of Goodliffe v. City of New York, et. al.
Plaintiff alleges that he was caused to trip and fall on a wooden concrete form on the sidewalk adjacent to a New York City tree well located on the sidewalk of 101 University Place. As a result of his fall, he claims that he shattered his left patella and required surgery with lengthy hospitalizations. The City of New York commenced a third-party against our client Dragonetti Brothers for contractual and common law indemnification on the basis that Dragonetti created the alleged hazard that caused plaintiff to trip and fall. After the close of discovery, Reena Shah filed a motion for summary judgment on the basis that Dragonetti did not create or cause the allegedly un-level, raised, wooden concrete form on the sidewalk adjacent to a New York City tree well. The Court agreed and held that the City of New York’s claims for contractual indemnification, common law indemnification, and contribution fail as matter of law since plaintiff’s accident did not occur as a result of a condition Dragonetti created in performance with its contract with the City of New York.