Tibbetts v. I.B.M. Corp.
| Decision Date | 07 May 1990 |
| Citation | 555 N.Y.S.2d 160,161 A.D.2d 581 |
| Parties | Kathleen TIBBETTS, et al., Plaintiffs, v. I.B.M. CORP. a/k/a International Business Machines, Corp., Defendant Third-Party Plaintiff-Respondent; Covertemp, Inc., Third-Party Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Kopff, Nardelli & Dopf, New York City (Martin B. Adams, of counsel), for third-party defendant-appellant.
Dupee, Madison & Orloff, Goshen (Jon Charles Dupee, of counsel), for defendant third-party plaintiff-respondent.
Before THOMPSON, J.P., and BRACKEN, SULLIVAN and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, etc., the third-party defendant Covertemp, Inc. appeals from an order of the Supreme Court, Westchester County (Miller, J.), entered March 3, 1989, which denied its cross motion for summary judgment and granted the third-party plaintiff I.B.M. Corp. summary judgment on the third-party complaint.
ORDERED that the order is affirmed, with costs.
On May 10, 1984, the plaintiff Kathleen Tibbetts (hereinafter Tibbetts), allegedly tripped and fell on the carpeting at an office maintained and operated by the defendant third-party plaintiff I.B.M. Corp. (hereinafter IBM), thereby sustaining personal injury. Tibbetts worked for IBM pursuant to IBM's contract with the third-party defendant Covertemp, Inc. (hereinafter Covertemp), an employment agency. That contract required Covertemp to "furnish office help and like services to IBM". Tibbetts and her husband sued IBM for damages resulting from her injury. IBM impleaded Covertemp, urging that it was entitled to indemnification from Covertemp pursuant to the parties' service agreement. By an order entered March 3, 1989, which granted IBM summary judgment on the third-party complaint, the Supreme Court accepted the contention of IBM.
The subject agreement provided, in pertinent part, that "[t]he Contractor agrees to indemnify and save IBM harmless from and against any and all claims (including costs of litigation and attorney's fees) for personal injury or death to persons or damage to property arising out of or in connection with or resulting from operations under the Contract, whether caused in part by IBM or the Contractor or any sub-contractor or by anyone directly or indirectly employed by them". It further provided that .
Covertemp's assertion that it was not obligated to indemnify IBM pursuant to the agreement is without merit. "With respect...
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