Exhibit,Appendix: United Rentals (North America), Inc. v. Hartford Insurance Company Of The Midwest, Hartford Fire Insurance Company, Trumbull Insurance Company

On April 24, 2023 a Exhibit,Appendix was filed involving a dispute between United Rentals, and Hartford Fire Insurance Company, Hartford Insurance Company Of The Midwest, The Hartford Company, Trumbull Insurance Company, for Commercial - Insurance in the District Court of Onondaga County.

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FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/24/2023

EXHIBIT H
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NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/24/2023

September 21, 2022

VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED

The Hartford Financial Services Group, Inc.
690 Asylum Avenue
Hartford, CT 06155
7020 1810 0000 5552 9920

The Hartford
One Hartford Plaza
Hartford, CT 06155
7020 1810 0000 5552 9937

The Hartford
301 Woods Park Drive
Clinton, NY 13323
7020 1810 0000 5552 9944

RE: Our Client: United Rentals (North America), Inc. (“United
Rentals”)
Case Name: Christopher S. Wilson, II v. Atrium Associates,
LLC and Partnership Properties, Inc., et al. (the
“Suit”)
Docket No.: 000685/2020
Supreme Court of New York, County of Onondaga
Insurer: The Hartford Company (“Hartford” or “Insurer”)
Your Insured: Atrium Associates, LLC (“Atrium”)
Date of Loss: September 21, 2018

To Whom It May Concern:

Saxe, Doernberger & Vita P.C. (“SDV”) is coverage counsel for United Rentals
with respect to the Suit identified above. For the reasons set forth below, Hartford
(hereinafter “Insurer”) is obligated to defend and indemnify United Rentals for all costs
and fees associated with the Suit. We expect your Insurer to immediately assume United
Rentals’ defense in the Suit and to agree to indemnify United Rentals. Please confirm
receipt of this correspondence and provide us with a complete, certified copy of the
applicable insurance policy associated with this matter.

35 Nutmeg Drive, Suite 140
California Trumbull, CT 06611 Florida
Tel 203.287.2100
www.sdvlaw.com
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
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I. BACKGROUND

Plaintiff, Christopher Wilson (“Plaintiff”), was employed by Vigliotti Builders, Inc.
(“Vigliotti Builders”), a subcontractor on a construction project involving interior
renovations, located at 100-36 Salina Street and Washington Street in Syracuse, NY (the
“Project”) 1. On or about September 21, 2018, during his scope of employment with
Vigliotti Builders, Plaintiff was caused to fall from scaffolding to the ground/floor below. At
the time of his fall or immediately prior to his fall, Plaintiff is alleged to have been standing
on the scaffolding at an elevated height.

On or about January 24, 2020, Plaintiff filed a Summons and Complaint 2 in
Onondaga County, NY. Plaintiff alleges that on September 21, 2018, during the scope of
his employment with Vigliotti Builders, he fell off a scaffolding at the Project and
subsequently suffered serious personal injuries. Plaintiff named only Atrium and
Partnership Properties, Inc. in the Suit. Subsequently, on or about November 17, 2020,
Atrium brought a Third-Party action against United Rentals and Vigliotti Builders. Atrium
alleges contractual indemnification 3, common law indemnification, and contribution
against Vigliotti Builders and seeks common law indemnification and contribution from
United Rentals.

Atrium entered into a contract 4 with United Rentals on May 20, 2018, for United
Rentals to erect and dismantle an OSHA compliant steel scaffolding system
(“Equipment”) for use at the Project. Atrium alleges that the subject incident is the basis
of the primary action and was caused by the carelessness, negligence, and recklessness
of United Rentals without any culpability on the part of Atrium. It is further alleged that
United Rentals’ negligence and careless erection and maintenance of the scaffolding
launched a force or instrument of harm, which Rentals negligently created a dangerous
condition and is therefore liable for any resulting injury.

United Rentals Quote:

The United Rentals Quote (“UR Quote”) 5, dated May 20, 2018 confirmed for the
erection and dismantling of an OSHA compliant system steel scaffolding for use at the

1The address of the premises is also known as 2 Clinton Square in Syracuse, NY.
2 See Exhibit A.
3 Pursuant to the contract between Atrium and Vigliotti Builders, Atrium was the owner and general

contractor at the Project.
4 The contract is the United Rental Quote, dated May 20, 2018.
5 A copy of the UR Quote, which incorporates the terms and provisions of United Rentals’ rental contract,

is enclosed as Exhibit B. The UR Quote states that the acceptance of this quote constitutes acceptance
of all terms and provisions of United Rentals’ rental contract. It is undisputed that Atrium accepted the quote
and agreed to be bound by the United Rentals’ rental contract’s terms and conditions, as it was signed and
executed by Ryan Goodfellow.

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Project. United Rentals agreed to provide systems scaffolding (Equipment) to access the
gold metal areas of the atrium. United Rentals also agreed to modify the existing
scaffolding on site and construct the remaining scaffold (Equipment) in the entire atrium
area. United Rentals also agreed to provide 3’-6” wide working levels (Equipment) to
reach the gold metal bands up from the ground to ceiling as well as provide ladder access
(Equipment) where needed from the floor levels. The UR Quote stated that Atrium was
responsible to protect the floors from the elevator to the working area.

By accepting the quote, Atrium agreed to the terms and conditions of the United
Rentals rental contract. The UR Quote expressly states

The acceptance of this quote constitutes acceptance of all terms and
provisions of United Rentals rental contract. Copies are provided for review.
Additional terms outlined in the rental contract will be considered an official
amendment to the contract.

Additionally, it states that “Atrium Associates LLC must provide a general liability
certificate of insurance prior to our arrival to erect the scaffolding. Atrium Associates LLC
MUST sign the contractor acceptance of service when the scaffold is complete.” Further,
it states that “It is the contractor’s responsibility (unless specifically stated by United
Rentals) to determine if the structures the scaffolding is set upon are capable of
supporting the loads imposed by the scaffolding, men, materials, etc. It is also the
contractor’s responsibility to protect these structures (roof, flooring, etc.) from damages,
which may be caused by setting the scaffolding upon them, or by work being performed
on this project.”

The indemnification provision in the UR Quote states

Atrium Associates LLC shall hold harmless and defend United Rentals and
its agents and employees from all suits and action, including attorney’s fees
and all cost of litigation and judgment of any name and description arising
out of or incidental to the performance of this contract or work performed
there under…Performance of any work and/or acceptance of any material
detailed by this proposal will be deemed acceptance of this contract.

It is undisputed that United Rental performed its contracted work at the Project and
Atrium accepted the materials involved for same. Thus, Atrium accepted the terms and
conditions of this contract.

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Credit Application:

On July 9, 2018, Atrium submitted a Credit Application 6, which was signed and
executed by Ryan Goodfellow. Under the Contract Terms and Conditions, it states:
“Applicant agrees to be bound by the terms and conditions as set forth in United Rentals’
standard form of Rental and Sales Agreement, or similar document, in use at the time of
each rental or sales transaction in the jurisdiction where the purchase or rental occurs,
which terms and conditions are incorporated herein by reference and which constitute a
part of the credit agreement regardless of whether or not the agreement is executed by
and authorized representative of Applicant…” As aforementioned, this Credit Application
was in fact signed and executed by Atrium’s Manager, Ryan Goodfellow on July 10, 2018.
Accordingly, Atrium accepted United Rentals’ terms and conditions, once again.

II. ANALYSIS

A. United Rentals is Entitled to Defense and Indemnification as an
Additional Insured.

The UR Quote and the Credit Application require Atrium to add United Rentals as
an additional insured on its general liability policies. The UR Quote and the Credit
Application, which explicitly incorporate the terms and conditions of a standard rental
agreement and/or rental and sales agreement (“Rental Agreement”), was accepted by
Atrium on May 20, 2018, and July 9, 2018, respectively. Further, both aforementioned
documents were signed/executed by an authorized Atrium representative, Ryan
Goodfellow, who is the Manager of Atrium. Specifically, Section 21 of the Rental
Agreement states, in pertinent part, that:

21. CUSTOMER’S INSURANCE COVERAGE

Customer agrees to maintain and carry, at Customer’s sole cost, the
following insurance: …(ii) commercial general liability (“CGL”) providing
coverage equal to or greater than the standard ISO CG 00 01 12 04 form
for any…bodily injury…arising out of the maintenance, operation,
possession or use of the Equipment with combined single limits of insurance
not less than $2 million per occurrence and $4 million in the aggregate.
Customer shall obtain insurance policies that provide, or are endorsed to
provide, that all insurance required hereunder is primary and non-
contributory to any other insurance maintained by United. Customer shall
name United as an additional insured for claims arising out of the

6 A copy of the Credit Application, which incorporates the terms and provisions of United Rentals’ Rental
and Sales Agreement, is enclosed as Exhibit C. The Credit Application states that the applicant (Atrium)
agrees to be bound by the terms and conditions of United Rentals’ Rental and Sales Agreement, which are
incorporated by reference. The Credit Application was signed and executed by Ryan Goodfellow.

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maintenance, operation, or use by the Customer of equipment rented to
Customer by United…. Any deductibles or self-insured retentions shall be
the sole responsibility of the Customer.

“Customer” is defined as the person or entity identified or any representative,
agent, officer or employee of Customer. The UR Quote and the Credit Application clearly
indicate that the “Customer” is Atrium.

We expect that Atrium fulfilled its contractual obligation to name United Rentals as
an additional insured on its commercial general liability policy. The contract requires
Atrium to provide United Rentals additional insured coverage for any bodily injury arising
out of the maintenance, operation, or use of the Equipment. Here, there is no dispute that
the Complaint includes allegations that Plaintiff’s injuries arose due to his fall from the
Equipment that Atrium (as the owner/general contractor) failed to maintain. Further,
Atrium has a duty to provide a secure and safe work environment for its employees, which
it breached and resulted in Plaintiff’s injuries.

Furthermore, Section 5 of the Rental Agreement states, in relevant part:

5. LIMITATION OF LIABILITY

In no event shall United be liable or responsible to Customer or any other party for:
(1) any loss, damage or injury caused by, resulting from or in any way connected
with the Equipment, its operation or its use, or Services; (2) United’s failure
to…repair or replace non-working Equipment; or (3) any incidental, consequential,
punitive or special damages, including…breach of contract, tort (including
negligence), strict liability…even if so advised of the possibility of such damages,
if such damages were otherwise foreseeable…Customer acknowledges and
assumes all risks inherent in the operation, use and possession of the Equipment
from the time the Equipment is delivered to Customer until the Equipment is
returned to United and will take all necessary precautions to protect all persons
and property from injury or damage from the Equipment.

By agreeing to be bound by United Rentals’ Rental Agreement, United Rentals
cannot be held liable to Atrium for Plaintiff’s injuries as Atrium agreed to assume all risks
inherent with the operation, use and possession of the Equipment and agreed to take all
necessary precautions to protect all persons and property from injury or damage from the
Equipment. Atrium, in its scope as an owner and general contractor of the Project, failed
to take the necessary precautions as it failed to provide Plaintiff a secure and safe work
environment, which ultimately led to Plaintiff’s incident and injuries. Pursuant to the
foregoing provisions that were accepted by Atrium on two (2) different occasions, United
Rentals is entitled to defense and indemnification as an additional insured in connection
with the Suit

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B. The Insurer is Obligated to Insure Atrium’s Contractual Indemnity
Obligation to United Rentals.

Separate from, and in addition to, providing United Rentals with additional insured
coverage, the Insurer also insures Atrium’s contractual indemnity obligation to United
Rentals. Section 3 of the Rental Agreement, titled “Indemnity/Hold Harmless,” provides
in relevant part:

3. INDEMNITY / HOLD HARMLESS

To the fullest extent permitted by law, Customer agrees to indemnify,
defend and hold United…harmless from and against any and all liability,
claims, loss, damage or costs including, but not limited to, attorney’s fees,
loss of profit, business interruption or other special or consequential
damages, damages relating to property damage, bodily injury, or damages
relating to wrongful death arising out of or related to the operation, use,
possession or rental of the equipment….

As mentioned above, Atrium agreed to be bound by United Rentals’ Rental
Agreement, which incorporated by reference its terms and conditions. The
aforementioned “Indemnity/Hold Harmless” provision requires Atrium to hold United
Rentals harmless from and against any and all liability, claims, loss, damage or
costs…arising out of or related to the operation, use, possession or rental of the
equipment…Plaintiff’s alleged injuries occurred while he was standing on the Equipment
during the scope of his employment at the Project.

Any liability that United Rentals may have arises out of Atrium’s and/or its
employees’ failure to properly maintain and/or direct the use of the Equipment.
Accordingly, because the contract requires Atrium to indemnify and defend United
Rentals against liability for bodily injury arising out of or related to Atrium’s operation, use,
possession, or rental of the Equipment, Atrium’s defense and indemnity obligations are
triggered, and Atrium is contractually obligated to reimburse United Rentals for its costs
and damages. Furthermore, Atrium also agreed to be bound by the explicit
indemnification provision in the UR Quote. Since the UR Quote and Credit Application
are “insured contracts” within the meaning of the Policy, the Insurer is obligated to insure
Atrium’s contractual obligation to United Rentals.

Please confirm Atrium maintained general liability coverage that will respond to
provide primary and non-contributory additional insured coverage to United Rentals and
will reimburse United Rentals’ defense fees incurred to date. Additionally, please provide
a complete, certified copy of the Policy to us as soon as possible. Furthermore, please
confirm receipt of this correspondence as soon as possible.

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Sincerely,
Sincerely,

Mufaddal Mithaiwala
Mufaddal Mithaiwala
Direct:
Direct: 732-647-6259
732-647-6259
mmithaiwala@sdvlaw.com
mmithaiwala@sdvlaw.com

Enclosures
Enclosures

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EXHIBIT
EXHIBITAA
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
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null / ALL
Transmittal Number: 22325575
Notice of Service of Process Date Processed: 11/19/2020

Primary Contact: Robert McIntyre
United Rentals Risk Services & Benefits, Inc.
2133 Center Court Dr
Modesto, CA 95355-8408

Electronic copy provided to: Jan DuRoy
Rita Castro

Entity: United Rentals, Inc.
Entity ID Number 2034223
Entity Served: United Rentals, Inc.
Title of Action: Christopher S. Wilson, II vs. Atrium Associates, LLC
Matter Name/ID: Christopher S. Wilson, II vs. Atrium Associates, LLC (10676071)
Document(s) Type: Summons/Complaint
Nature of Action: Contract
Court/Agency: Onondaga County Supreme Court, NY
Case/Reference No: 000685/2020
Jurisdiction Served: New York
Date Served on CSC: 11/18/2020
Answer or Appearance Due: 20 Days
Originally Served On: CSC
How Served: Personal Service
Sender Information: Louis B. Cristo
585-454-2181

Information contained on this transmittal form is for record keeping, notification and forwarding the attached document(s). It does not
constitute a legal opinion. The recipient is responsible for interpreting the documents and taking appropriate action.

To avoid potential delay, please do not send your response to CSC
251 Little Falls Drive, Wilmington, Delaware 19808-1674 (888) 690-2882 | sop@cscglobal.com
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 04/24/2023

STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA

CHRISTOPHER S. WILSON, II,

Plaintiff,

V.
Index No.: 000685/2020
ATRIUM ASSOCIATES, LLC and
PARTNERSHIP PROPERTIES, INC.,

Defendants.

ATRIUM ASSOCIATES, LLC,

Third-Party Plaintiff,

.~IhDERS
VI.GLIQT~IU ,. _ C. and
~ ~ I~la1T~~1LS "~,

Third=Party Defendants.

NOTICE OF
ELECTRONIC FILING
(Mandatory Case)
(Uniform Rule § 202.5-bb)

You have received this Notice because:

1) The Third-Party Plaintiff, whose name is listed above, has filed this
case using the New York State Courts E-filing system ("NYSCEF"), and

2) You are a Third-Party Defendant (a party) in this case.
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
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a
~

• If you are represented by an attorney:
Give this Notice.to your attorney. (Attorneys: see "Information for Attorneys"
pg. 2).

• If you are not represented by an attorney:
- You will be served with all documents in paper and you must serve and file
your documents in paper, unless you choose to participate in e-filing.

If you choose to participate in e-filing, you must have access to a computer
and a scanner or other device to convert documents into electronic format, a
connection to the internet, and an e-mail address to receive service of
documents.

The benefits of participating in e-filing-include:

- serving and filing your documents electronically

• free access to view and print your e-filed documents

• 'limiting your number of trips to the courthouse

• paying any court fees on-line (credit card needed)

To register for e-filing or for more information about how e-filing works:

• visit: www.nycourts.Qov/efile-unrepresented or contact the Clerk's Office or
Help Center at the court where the case was filed. Courtcontact information
can be found at www.nycourts.gov

To find legal information to help you represent yourself visit
www.nycourthelp.Qov

Information for Attorneys
(E-filing is Mandatory for Attorneys)

An attorney representing a party who is served with this notice must either:

1) immediately record his or her representation within the e-filed matter
on the NYSCEF site www.nycourts.gov/efile ; or

2
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
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2) file the Notice of Opt-Out form with the clerk of the court where this
action is pending and serve on all parties. Exemptions from mandatory
e-filing are limited to attorneys who certify in good faith that they lack the
computer hardware and/or scanner and/or internet connection or that
they lack (along with all employees subject to their direction) the
knowledge to operate such equipment. [Section 202.5-bb(e)]

For additional information about electronic filing and to create a NYSCEF
account, visit theNYSCEF website at www.nycourts.gov/efile or contact the
NYSCEF Resource Center(phone: 646-386-3033; e-mail:
nyscefCaD_nycou rts.qov).

Dated: November 17, 2020 TREVETT CRISTO

s/Louis B. Cristo
Louis B. Cristo, Esq.
Attomeys for Defendant/Third-Party Plaintiff
2 State Street Suite 1000
Rochester, New York 14614
(585) 454-2181

TO: Vigliotti Builders, Inc.
3840 Split Rock Road
Camillus, NY 13031

- - - -U-nited Rentals, Inc~ — -- -- - - -— - --
100 First Stamford Place
Suite 700
Stamford, CT 06902

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STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA

CHRISTOPHER S. WILSON, Il,

Plaintiff,
THIRD-PARTY SUMMONS
v.-
Index No.: 000685/2020
ATRIUM ASSOCIATES, LLC and
PARTNERSHIP PROPERTIES, INC.,

Defendants.

ATRIUM ASSOCIATES, LLC,

Third-Party Plaintiff,

VIGLIOTTI BUILDERS, INC. and
UNITED RENTALS, INC.,

Third-Party Defendants.

TO THE ABOVE NAMED THIRD-PARTY DEFENDANTS:

You are hereby summoned to answer the Third-Parry Complaint in this action and to

serve a copy of your answer, or, if the complaint is not served with this summons, to serve a

notice of appearance, on the Third-Parry Plaintiff's attorneys within twenty days after the service

of this summons, exclusive of the day of service (or within thirry days after the service is

complete if this summons is not personally delivered to you within the State of New York); and

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in case of your failure to appear or answer, judgment will be taken against you by default for the

relief demanded in the complaint.

Onondaga County is designated as the county where this action will be tried since this is

the venue of the primary action and because one or more of the parties has a principal place of

business in that county.

Dated: November 17, 2020 TREVETT CRISTO

s/Louis B. Cristo
Louis B. Cristo, Esq.
AttoYneys for Defendant/Third-Party Plaintiff
2 State Street Suite 1000
Rochester, New York 14614
(585) 454-2181
icristo@trevettcristo.com

TO: Vigliotti Builders, Inc.
3840 Split Rock Road
Camillus, NY 13031

United Rental, Inc.
100 First Stamford Place
_ Suite 700
Stamford, CT 06902

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STATE OF NEW YORK
SUPREME COURT COUNTY OF ONONDAGA

CHRISTOPHER S. WILSON, II, .

Plaintiff,
THIRD-PARTY COMPLAINT
V.
Index No.: 000685/2020
ATRIUM ASSOCIATES, LLC and
PARTNERSHIP PROPERTIES, INC.,

Defendants.

ATRIUM ASSOCIATES, LLC,

Third-Parry Plaintiff,

VIGLIOTTI BUILDERS, INC. and
UNITED RENTALS, INC.,

Third-Party Defendants

The Defendant/Third-Party plaintiff, Atrium Associates, LLC, by its attorneys, Trevett .

Cristo, Louis B. Cristo, Esq., of counsel, for its Third-Party Complaint against the Third-Parry

Defendants, Vigliotti Builders, Inc. and United Rentals, Inc. allege as follows:

1. Defendant/Third-Party Plaintiff Atrium Associates, LLC ("Atrium") was and is a

domestic limited liability company organized under the laws of the State of New York.

2. Upon information and belief, Third-Party Defendant United Rentals, Inc.

("United") was and is a foreign business corporation duly authorized to conduct business in New

York with a place of business in the County of Onondaga, State of New York.

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r '

3. Upoii information and belief, Third-Party Defendant Vigliotti Builders, Inc.

("Vigliotti") was and is a domestic business corporation organized and existing under the laws of

the State of New York, with its principal place of business located in the City of Syracuse,

County of Onondaga and State of New York.

4. On or about January 24, 2020 the plaintiff in the first-parry action, Christopher S.

Wilson, II, filed a Summons and Complaint in the Onondaga County Clerk's office. A full,

complete, and accurate copy of Plaintiff's Summons and Complaint is attached as Exhibit "A"

and incorporated herein as if set forth in full.

5. Defendant/Third-Party Plaintiff served an Answer on or. about July 6, 2020, which

generally denied the allegations set forth in Plaintiff's Complaint. A full, complete, and accurate

copy of Defendant/Third-Parry Plaintiffs Answer is attached as Exhibit "B" and incorporated

herein as if set forth in full.

6. Upon information and belief, Plaintiff alleges in his complaint that he fell off a

scaffolding while working for Vigliotti Builders, Inc. at the premises located at 2 Clinton Square,

Syracuse, New York, and subsequently suffered serious personal injuries.

FIRST CAUSE OF ACTION AS AGAINST THIRD-PARTY DEFENDANT
VIGLIOTTI BUILDERS, INC. (CONTRACTUAL INDENINIFICATION)

7. Defendant/Third-Party Plaintiff repeats and realleges the allegations contained in

paragraphs "1" through "6" here as if set forth in full.

8. Defendant/Third-Party Plaintiff and Third-Party Defendant Vigliotti entered into a

contract dated August 8, 2018 for Vigliotti to perform certain interior painting at the premises. A

full, complete and accurate copy of said AlA contract with exhibits is attached hereto as Exhibit

"C" and incorporated here as if set forth in full (hereafter "Vigliotti Contract").

4 of 9
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
NYSCEF
FILED:DOC.ONONDAGA
NO. 9 RECEIVED NO. 000685/2020
INDEX NYSCEF: 04/24/2023
COUNTY CLERK 11 17 202-0 11:21 AM
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 11/17/2020

9. Pursuant to the Vigliotti Contract, Vigliotti agreed to indemnify and hold

harmless Atrium from and against all claims, damages, losses, and expenses, including but not

limited to attorneys' fees, arising out of or resulting from performance of the Work to the extent

caused by the negligent acts or omissions of the Contractor or any of the Contractor's employees,

agents, or subcontractors. (See §3.18 of Vigliotti Contract, General Conditions)

10. Upon information and belief, Plaintiff Christopher S. Wilson, II alleges that he

was injured while performing work as an employee of Vigliotti on September 21, 2018, while

engaged in work covered by the Vigliotti Contract.

11. Upon information and belief, the incident that is the basis of the primary action
)
was caused by the carelessness, recklessness, and negligence of the Third-Parry Defendant

Vigliotti, its employees or agent, without any culpable conduct on the part of Defendant/Third-

Parry Plaintiff.

12. If the Plaintiff sustained injuries as alleged in the Complaint, by reason of fault

other than . his own, and judgment is recovered against Defendant/Third-Parry Plaintiff by

Plaintiff, then Defendant/Third-Party Plaintiff is entitled to contractual indemnity from Third-

Parry Defendant Vigliotti for all or part of any such judgment and in such amount as shall be

determined ultimately by a trial of this action, including reasonable attorneys' fees and costs

incurred by Atrium in defending the first-party action.

SECOND CAUSE OF ACTION AS AGAINST THIRD-PARTY DEFENDANT
VIGLIOTTI BUILDERS, INC.
(COMMON LAW INDEMNIFICATION / CONTRIBUTION)

13. Defendant / Third-Party Plaintiff repeats and realleges the allegations contained in

paragraphs "1" through "12" here as if set forth in full.

5 of 9
FILED: ONONDAGA COUNTY CLERK 04/24/2023 04:52 PM INDEX NO. 004103/2023
NYSCEF
FILED:DOC.ONONDAGA
NO. 9 COUNTY CLERK 11 17 2020 11:21 RECEIVED
INDEX NYSCEF: 04/24/2023
NO. 000685/2020
NYSCEF.DOC. NO. 8 RECEIVED NYSCEF: 11/17/2020
r

14. Upon information and belief, the Plaintiff suffered a grave injury within the

meaning of Section 11 of the New York State Workers' Compensation Law.

15. If the Plaintiff sustained injuries as alleged in the Complaint, by reason of fault

other than his own, and judgment is recovered against Defendant/Third-Party Plaintiff by

Plaintiff, then Defendant/Third-Parry Plaintiff is entitled to common law indemnity and/or

contribution from Third-Party Defendants for all or part of any such judgment and .in such

amount as shall be determined ultimately by a trial of this action, including reasonable attorneys'

fees and costs incurred by Atrium in defending the first-party action.

THIRD CAUSE OF ACTION AS AGAINST THIRD-PARTY DEFENDANT VIGLIOTTI
BUILDERS, INC.
(BREACH OF CONTRACT / FAILURE TO PROCURE INSURANCE)

16. Defendant / Third-Parry Plaintiff repeats and realleges the allegations contained in

paragraphs "1" through "15" here. as if set forth in full.

17. Pursuant to the Vigliotti Contract, Vigliotti agreed to purchase and maintain

insurance coverage covering the loss alleged in Plaintiff's Complaint and name Atrium as an

additional insured on the policy.

18, Vigliotti breached the Vigliotti contract by failing to procure the required

insurance and/or failing to name Atrium as an additional insured on the required policy of

insurance.

19. If the Plaintiff sustained injuries as alleged in the Complain

Case Info

Judge

Danielle M Fogel Track Judge’s New Case

Case No.

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Document Filed Date

April 24, 2023

Case Filing Date

April 24, 2023

County

Parties

DRISCOLL, MELISSA K Attorney for the Defendant
HARTFORD FIRE INSURANCE COMPANY Defendant
HARTFORD INSURANCE COMPANY OF THE MIDWEST Defendant
KOMAR, MICHAEL STEPHEN Attorney for the Defendant
MARKHAM, SARAH JEAN Attorney for the Plaintiff
THE HARTFORD COMPANY Defendant
TRUMBULL INSURANCE COMPANY Defendant
UNITED RENTALS (NORTH AMERICA), INC. Plaintiff
LOUIS CRISTO Attorneys for Defendants
ERIC NORDBY Attorney
ERIC DOLAN Attorney
RYAN RUFO Attorney
RANDI ISAACS Attorney
MICHAEL PORTER Attorneys for Plaintiffs

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Exhibit,Appendix: United Rentals (North America), Inc. v. Hartford Insurance Company Of The Midwest, Hartford Fire Insurance Company, Trumbull Insurance Company

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