Partners Ian B. Forman and Nancy D. Lewis won summary judgment dismissing third-party claims for contribution and indemnification against a contractor client on the basis that the contractor did not employ the injured plaintiff or perform any work at the site. Instead, Fleischner Potash was able to establish that its client’s only connection to the construction site was that it sold windows to be installed and that all work at the site was carried out by other parties. In addition, Fleischner Potash established that their client did not agree, either orally or in writing, to indemnify or hold harmless the third-party plaintiff. The Court agreed that the evidence submitted by Fleischner Potash entitled its client to summary judgment and that there was no evidence submitted in opposition to rebut the evidence produced by Fleischner Potash.
A copy of the Order granting summary judgment can be found here.DOCS-1897745