Latifaj v 1251 Ams. Assoc., LP

Holding The court affirmed the grant of contractual indemnification to ABM Security and ABM Onsite against Universal, finding that the Asset Purchase Agreement clearly shifted liability for the security business. However, the court modified the order to dismiss the cross-claim for contribution against Universal because it was found to be free from negligence as a matter of law.

The court’s words

an agreement indemnifying a contractor against the results of its own negligence is valid

2026 NY Slip Op 06526, at the official text

must be crystal clear and unequivocal in requiring the contractor to assume all liability

2026 NY Slip Op 06526, at the official text

Universal assumed liability for the incident to the extent that it arose out of or resulted from the operation or conduct of the Security Business

2026 NY Slip Op 06526, at the official text

Placing barricades to prevent pedestrians on the plaza from being struck with ice falls within ABM Security's responsibility of controlling access to the property

2026 NY Slip Op 06526, at the official text

Universal was free from negligence as a matter of law because it was not present at the site and exercised no supervisory control at the time of the incident

2026 NY Slip Op 06526, at the official text