May 19, 2026
London Fischer LLP congratulates Brian A. Kalman and Jennifer Sciales on their victory in the case Reyes v. Hite Construction, Inc., 2026 NY Slip Op 02351 (1st Dep’t 2026). The Appellate Division, First Department reversed the trial court decision that denied London Fischer LLP’s contractor client summary judgment. The Appellate Division held that “Everest was entitled to summary judgment dismissing the contractual indemnification claim because the indemnification agreement in Hite’s favor, executed in 2016 lacked consideration.” The Appellate Division further held that the “. . . .statutory exception for consideration that is ‘past or executed’ under General Obligations Law §5-105 does not apply to the 2016 agreement as that agreement failed to recite any past or executed consideration in writing.”
To read a copy of the decision click on: Reyes v. Hite Construction, Inc., 2026 NY Slip Op 02351 (1st Dep’t 2026).
