QUESTION

What type of attorney will i require

Asked on Feb 23rd, 2021 on Breach of Contract - New York
More details to this question:
I contract for snow removal in a barbershop parking lot; the barbershop is a member of an LLC. In 2017 an individual claimed that she slipped on ice in the parking lot and sustained injuries. She sued the owner of the property, however she wasn't successful in her endeavours. The LLC is now naming me as a Third party to new lawsuit in this same manner. The suit says that I am in breach for failing to keep the premises safe. Our agreement was for the removal of snow only.
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1 ANSWER

Contract Litigation Attorney serving Bronxville, NY
3 Awards
Greetings.  It appears you are being sued by a client for indemnification or contribution.  When a maintenance company is being sued by a client (or anyone), the company should immediately notify their insurance carrier.  The carrier will determine coverage and provide attorneys on the company's behalf.  If coverage is denied, or the company doesn't have insurance, then the company must hire their own attorneys.  Note, however, if litigation has already begun, best practices dictate that the company should not wait for the insurance carrier to determine coverage and should immediately hire an attorney on their own.  The attorney can always later be relieved by the carrier's assigned attorneys. The importance is that the maintenance company not wait and risk losing any claims or defenses. For example, our maintenance company clients, including snow removal clients, routinely forward incident reports to us before litigation has begun and we in turn forward them to the carriers.  If litigation has already begun (post incident report), we enter an appearance to protect the maintenance company while the carrier is determining coverage.  When the carrier accepts coverage, we continue the representation if allowed or are substituted by the carrier's assigned attorneys.  Please contact a good New York attorney immediately. 
Answered on Feb 24th, 2021 at 5:48 AM

This answer is general in nature and should not be relied upon. Please schedule an appointment with an attorney to get a more complete and reliable answer.

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