Joseph T. Redd and Anthony J. Ruggeri obtained summary judgment dismissal of a third-party action in the matter Luis Murrilo v. H & F Restoration & Construction Inc., New York Count Supreme Court, Index No. 152211/2017E. In this matter, the plaintiff, an employee of the non-party general contractor JT Magen, tripped over a piece of tile debris that he alone was responsible for cleaning up, debris that was generated by our client Wiilliam Erath & Sons, Inc. The Court found that plaintiff, who was the sole individual tasked with cleaning up construction debris on the floor, does not have a valid claim under Labor law 200, 241(6), or the common law as a party cannot sue for being injured by the condition they were tasked with remedying. Importantly, the Court also dismissed the Third-Party Plaintiff Owner’s Third-Party Claims for indemnification and contribution, holding that since William Erath & Sons, Inc. were not tasked with debris cleanup, the broad indemnification clause requiring indemnification for any incident “arising out of the scope” of Erath’s work was not triggered since the cleaning of debris, including tile debris, was outside the scope of their work.