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JUAREZ v. RYE DEPOT PLAZA, LLC

1410, 303069/09.

140 A.D.3d 464 (2016)

31 N.Y.S.3d 875

2016 NY Slip Op 04363

DANIEL PEREZ JUAREZ, Plaintiff, v. RYE DEPOT PLAZA, LLC, et al., Defendants. RYE DEPOT PLAZA, LLC, et al., Third-Party Plaintiffs-Appellants, v. GFX SITE DEVELOPMENT, INC., Doing Business as GROUNDSEFFECTS LANDSCAPING, INC., Third-Party Defendant-Respondent.

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

Decided June 7, 2016.

Rye and Imajan failed to establish prima facie either that GFX executed the indemnification agreement before plaintiff's accident or that the agreement was intended to be retroactive (see Mikulski v Adam R. West, Inc., 78 A.D.3d 910 [2d Dept 2010]). Neither Rye's principal nor GFX's principal recalled when the undated agreement was signed. Nor does the conclusory affidavit by the controller of Imajan's manager establish the date...

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