Moses Flores v. the Lower East Side Service Center, Inc., and Third-Party Procida Realty and Construction Corp…

Summary

The New York Court of Appeals held that a written indemnification agreement need not be signed to satisfy Workers' Compensation Law § 11’s “written contract” requirement, and therefore affirmed LES’s entitlement to summary judgment on its third‑party indemnification claim. The Court reasoned that the statute’s plain‑meaning language does not impose a signature requirement and applied the common‑law rule that objective manifestations of intent can create an enforceable contract. The decision reversed the lower courts and remanded for further proceedings.