In Flores v. Lower East Side Service Center, Inc. (4 NY3d 363, 368, 828 N.E.2d 593, 795 N.Y.S.2d 491 [2005], reargument denied 5 N.Y.3d 746, 833 N.E.2d 711, 800 N.Y.S.2d 376 [2005]), the defendant/property owner engaged a general contractor, which thereafter engaged the plaintiff's employer as a subcontractor. Following a dispute, the general contractor quit, and the plaintiff's employer assumed the role of general contractor, although it never executed a separate formal contract with the defendant/owner. After the plaintiff was injured, he commenced a negligence suit against the defendant/owner, which, in turn, commenced a contractual indemnification suit against the plaintiff's employer. The plaintiff's employer moved to dismiss the third-party suit, claiming that there was no signed contract between it and the defendant/owner, The Court of Appeals rejected this argument, based upon evidence including: that the plaintiff's employer conceded that it had entered into an agreement with the defendant/owner; that the plaintiff's employer did not assert that there was no "meeting of the minds" between the two parties; that the plaintiff's employer did not claim that it declined to sign the contract because there were ongoing negotiations; that the plaintiff's employer performed the work and accepted the payment that were specified in the contract.