Appellate Victory for Client Jazz at Lincoln Center

In a complete victory for nonprofit Jazz at Lincoln Center, the First Department, Appellate Division of the New York Supreme Court, unanimously affirmed in part and reversed in part the trial court’s summary judgment decision in connection with a dispute over a 2015 construction project. In siding with Jazz, the First Department held that (1) the general contractor, Richter & Ratner, must indemnify Jazz for all costs associated with a subcontractor carpet installer’s claims for nonpayment; and (2) Jazz was entitled to judgment against Richter & Ratner on liability for a defectively installed carpet without the need for a trial. The First Department held that the record established that the carpet was defectively installed. And regardless of who bore responsibility — the carpet installer or Richter & Ratner — Richter & Ratner was liable for its own or its subcontractor’s defective work under the governing agreement. Tuttle Yick’s appellate team included partners Alex Banzhaf and Greg Tuttle and associate Alexa Depierro. A copy of the April 13 decision can be found here.