Fullerton Beck Secures Precedent Setting Dismissal of Indemnification Claims Against Subcontractor

Fullerton Beck LLP partner Katrine Aliha Beck successfully defended a subcontractor in a consolidated Manhattan trip and fall action, obtaining dismissal of third-party claims seeking automatic defense and indemnification under a cable company contract. The court rejected the argument that contractual language alone triggered indemnity obligations, even where the contract purported to require automatic defense and indemnity.

By establishing that its client did not perform work at or near the location of the alleged defect, Fullerton Beck defeated both indemnification claims and a related motion to add the subcontractor as a direct defendant. The decision is significant for subcontractors routinely impleaded years after completing limited work, reinforcing that defense and indemnity obligations are not automatic and cannot be imposed absent evidence that the subcontractor’s work caused or contributed to the alleged injury.