Questions About Retroactivity Preclude Summary Judgment

A New York appellate court ruled that an indemnification dispute between a general contractor and subcontractor was not amenable to resolution by summary judgment, since there was a triable issue about whether the agreement was intended to apply retroactively to encompass the date of a worker’s fall from a ladder. Case: Guthorn v. Village of Saranac Lake, No. 526654, 02/28/2019, published. Facts: In August 2011, the Village of Saranac Lake hired the Mercer Construction Co. to do work at its water treatment plant. Mercer subcontracted part of the work to Kilby & Gannon Construction...