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Plaintiff leased a hydraulic crane to Bradley & Williams, Inc. in February 1977. In December 1977, defendant's employee, Francis Palmeri, was injured when the crane tipped over. Plaintiff subsequently commenced an action seeking a declaration that defendant was required to defend and indemnify it in the underlying negligence action, based on a lease agreement. The court analyzed the indemnity clause, noting that such clauses exculpating a party from its own negligence are disfavored and require unmistakable language. The court found the indemnity clause ambiguous, concluding it did not unequivocally obligate defendant to indemnify plaintiff for plaintiff's own negligence. Consequently, summary judgment was granted to Bradley & Williams, Inc., relieving them of the obligation to indemnify or defend the plaintiff.
L. B. Smith, Inc. v. Bradley & Williams, Inc. is a workers' compensation case decided in Appellate Division of the Supreme Court of the State of New York. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Appellate Division of the Supreme Court of the State of New York.
Full Decision Text1 Pages
Plaintiff leased a hydraulic crane to Bradley & Williams, Inc. in February 1977. In December 1977, defendant's employee, Francis Palmeri, was injured when the crane tipped over. Plaintiff subsequently commenced an action seeking a declaration that defendant was required to defend and indemnify it in the underlying negligence action, based on a lease agreement. The court analyzed the indemnity clause, noting that such clauses exculpating a party from its own negligence are disfavored and require unmistakable language. The court found the indemnity clause ambiguous, concluding it did not unequivocally obligate defendant to indemnify plaintiff for plaintiff's own negligence. Consequently, summary judgment was granted to Bradley & Williams, Inc., relieving them of the obligation to indemnify or defend the plaintiff.
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