John O'Toole (Partner-Madison, NJ) and Kristine Pegno (Associate-Madison, NJ) obtained summary judgment on cross-claims against a codefendant for defense and indemnification. In this premises liability suit, Wilson Elser represented the property owner and management company in a case involving an alleged fall by a plaintiff on black ice on the subject premises. The matter was tendered to the client’s snow removal contractor based on indemnification and additional insured provisions of the contract. When the contractor failed to respond to the tender, John and Kristine filed a motion for summary judgment on the cross-claims against the contractor for defense and indemnification.

Following oral argument, the NJ Superior Court, Law Division, Bergen County granted the motion for summary judgment and issued a 13-page decision in support of the order, adopting in large part our legal arguments. In addition to ordering the co-defendant to defend and indemnify our client, the court awarded attorneys’ fees. This was a big win for the client and resulted in a beneficial written opinion that will be useful in future defense and indemnity cases.