DSB secured a dismissal for their client in a New York Labor Law case. We represented a third-party defendant, and moved to dismiss all claims seeking indemnity and contribution against the client. Prior to filing a motion to dismiss, the third-party plaintiff failed to provide discovery in the direct action and its answer was eventually struck. We argued that once the third-party answer was struck, all allegations against the direct defendant/third-party defendant are deemed admitted. Those admissions of fault by the third-party defendant vitiated the indemnification agreement and undermined its claims for common law indemnity and contribution, i.e. a third-party plaintiff cannot seek to be indemnified or seek contribution for its own acts of negligence. As such, the Court dismiss the third-party action.
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