Brunero v. City Of New York Department Of Parks And Rereation

In Brunero v. City Of New York Department Of Parks And Rereation, 121 AD3d 624 (2014) the Conservancy which owned the vehicle involved and employed the operator of the vehicle had formed a partnership by agreement in the form of a contract: "in which they acknowledged that they had formed an effective 'public/private partnership.' Under the Agreement, the Conservancy is required to provide specified maintenance services in Central Park to the 'reasonable satisfaction' of the City, and the City is broadly required to indemnify the Conservancy "from and against any and all liabilities ... arising from all services performed and activities conducted by the Conservancy pursuant to this agreement in Central Park'" (Brunero, 121 AD3d at 626). In conclusion on this point, the Brunero court held: The City is vicariously liable for the Conservancy's negligence in the course of providing maintenance in Central Park by virtue of the contractual indemnification provision, and the parties are thus united in interest (see Quiroz v. Beitia, 68 AD3d 957, 959-960, 893 NYS2d 70 [2d Dept 2009]; Austin v. Interfaith Med. Ctr., 264 AD2d 702, 694 N.Y.S.2d 730 , 704, 264 A.D.2d 702, 694 NYS2d 730 [2d Dept 1999]). Further, since the City has a nondelegable duty to maintain Central Park, it is vicariously liable for negligence committed by the contractor in the course of fulfilling that duty (see Brothers v. New York State Elec. & Gas Corp., 11 NY3d 251, 258, 898 NE2d 539, 869 NYS2d 356 [2008]; see also Vanderburg, 231 AD2d at 147-148 (Id.).