LANGUAGE WAS PRETTY UNEQUIVOCAL
After a personal injury case was filed against it by CA, and his wife, seeking compensation for personal injuries suffered as a result of CA’s exposure to asbestos while working at a facility owned by National Grid, the latter sought CA’s employer, Treadwell Corp., to indemnify it from those claims pursuant to the parties’ contractual arrangement.
After the Suffolk County Supreme Court granted National Grid’s request for relief in its favor, an appeal ensued.
And on its review of the record, the Appellate Division, Second Department, noted that Treadwell had agreed to indemnify National Grid’s predecessor “from and against all losses, damages, claims, liens and encumbrances ... arising out of or in any way connected with the work, and whenever made or incurred, including any and all liability imposed by law.”
Given that unequivocal language, and Treadwell’s failure to offer an “issue of fact” in opposition to the motion, the AD2 affirmed the underlying outcome.
Treadwell would do well to tread more carefully, no?
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DECISION