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FULLER-MOSLEY v. UNION THEOLOGICAL SEMINARY

47 A.D.3d 487 (2008)

851 N.Y.S.2d 401

JANESIA FULLER-MOSLEY, Plaintiff, v. UNION THEOLOGICAL SEMINARY et al., Respondents, and SCORCIA & DIANA ASSOCIATES, INC., Appellant, et al., Defendants. SCORCIA & DIANA ASSOCIATES, INC., Third-Party Plaintiff-Appellant, v. FOCUS LIGHTING, INC., et al., Third-Party Defendants, and VENEZIA BISHOP & PARTNERS, P.C., et al., Third-Party Defendants-Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 17, 2008.

The general contractor concedes liability to the architect on its claims for contractual indemnification, but argues, correctly, that under its contract with the owner, the architect is entitled to be indemnified only for attorneys' fees attributable to its defense of claims arising out of its work, not its pursuit of claims for indemnification (see Hooper Assoc. v AGS Computers, 74 N.Y.2d 487...

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