Tsoi v Stillwell Plumbing Supplies, Inc.
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Attorneys and Parties
Brief Summary
This personal injury case arose from a bicycle and motor vehicle accident outside a plumbing supply store and addressed whether a third-party defendant, Auto Group Collision Corp., could remain in the case on claims for contribution and common-law indemnification.
The Supreme Court, Kings County, denied Auto Group Collision Corp.'s motion for summary judgment dismissing the third-party complaint insofar as asserted against it.
The Appellate Division reversed that order and granted summary judgment to Auto Group Collision Corp., dismissing the third-party complaint against it.
Auto Group Collision Corp. made a prima facie showing that it owed no duty of care to either the plaintiff or the Stillwell defendants and that its conduct did not cause the accident. The opposing parties failed to raise a triable issue of fact on either contribution or common-law indemnification.
Background
In July 2017, the plaintiff allegedly was injured when he rode his bicycle around an improperly parked van in front of Stillwell Plumbing Supplies, Inc. and was struck by a dark-colored vehicle that fled the scene. The plaintiff sued, among others, the store and its owner/operator, Boris I. Simanovsky, as well as an unknown driver identified as John Doe. The Stillwell defendants then brought a third-party action against several parties, including Auto Group Collision Corp., seeking contribution and common-law indemnification.
Lower Court Decision
The Supreme Court denied Auto Group Collision Corp.'s motion for summary judgment dismissing the third-party complaint insofar as asserted against it, allowing the claims for contribution and common-law indemnification to proceed.
Appellate Division Reversal
The Appellate Division held that Auto Group Collision Corp. established its entitlement to judgment as a matter of law by showing that it owed no duty of care to the plaintiff or the Stillwell defendants and that the accident was not caused by any negligence on its part. Under CPLR 1401 [permits contribution among two or more persons subject to liability for the same personal injury whether or not an action has been brought or a judgment has been rendered against the person from whom contribution is sought], contribution requires that the contributing party's breach have a part in causing or augmenting the injury. The court also reiterated that common-law indemnification depends on a separate duty owed by the indemnitor to the indemnitee. Because the plaintiff and the Stillwell defendants failed to raise a triable issue of fact in opposition, the appellate court reversed and dismissed the third-party complaint against Auto Group Collision Corp.
Legal Significance
The decision reinforces that a third-party defendant can obtain summary judgment on contribution and common-law indemnification claims by demonstrating both the absence of an independent duty and the absence of negligence connected to the underlying accident. It also confirms that speculative or unsupported efforts to tie a party to the accident will not defeat summary judgment.
Where a third-party defendant shows it had no relevant duty and no causal role in the accident, New York courts will dismiss contribution and common-law indemnification claims at the summary judgment stage.