Plaintiff was allegedly injured when, on a snowy night, he tripped on a sidewalk defect adjacent to a bus shelter and slipped on some ice. The area was maintained by Shelter Express pursuant to a contract whereby it agreed to indemnify Infinity Outdoor for liability arising from the former's performance of its work under the agreement, "whether by negligence or otherwise." While questions of fact exist as to whether Shelter Express was negligent and whether any such negligence caused plaintiff's injury, Infinity Outdoor was entitled to contractual indemnification in the absence of evidence that plaintiff's accident was attributable to negligence on Infinity's part ( see Brown v. Two Exch. Plaza Partners, 76 N.Y.2d 172; Masciotta v. Morse Diesel Intl., 303 A.D.2d 309).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.