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Case Name | Gomez v. Sharon Baptist Bd. of Directors, Inc. | |
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Date | 10/28/2008 | |
Note | There has been no finding that either SMC or its agents were negligent let alone that such negligence proximately caused plaintiff's injuries. Accordingly, summary judgment on the contractual indemnification claim is premature. | |
Citation | 4229 23476/04 84824/05 | |
WCC Citation | WCC 34412008 CA |
Gomez v Sharon Baptist Bd. 23476/04 84824/05 [*1]Geraldo Gomez, et al. , Plaintiffs, v Sharon Baptist Board of Directors, Inc. , Defendant/Third-Party Plaintiff-Appellant, S. M. Construction Co. , Third-Party Defendant-Respondent. ), entered February 27, 2007, which, to the extent appealed from as limited by the brief, denied the cross motion of defendant/third-party plaintiff Sharon Baptist Board of Directors, Inc. (Sharon Baptist) for summary judgment on its claim for contractual indemnification against third-party defendant S. M. Construction Co. (SMC), unanimously affirmed, without costs. Plaintiff Gomez, an employee of SMC, was injured as a result of falling from a scaffold that shifted as he performed SMC's work on premises owned by Sharon Baptist. Supreme Court correctly denied Sharon Baptist summary judgment against SMC based in its indemnification claim.
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