Third-party defendants American Safety Casualty Insurance Company and Triple N Environmental Corp. appeal from that portion of an order of the Civil Court, Bronx County [*2](Lizbeth Gonzalez, J.), entered July 8, 2005, which denied their motion for summary judgment dismissal of the third-party complaint and all cross claims against them.

PER CURIAM:
Order (Lizbeth Gonzalez, J.), entered July 8, 2005, reversed, with $10 costs, and defendants' motion for summary judgment dismissing the third-party complaint is granted. The Clerk is directed to enter judgment accordingly.

Plaintiff, an employee of third-party defendant, Triple N Environmental Corp. (Triple N), was injured during the course of a demolition project and commenced an action against the premises owner and the general contractor, defendant Jerome Construction Co., LLC. (Jerome). Jerome, in turn, commenced a third-party action against, inter alia, appellants Triple N and American Safety Casualty Insurance Company (Triple N's insurance carrier), seeking contractual indemnification and contribution.

It being undisputed that the damage plaintiff allegedly suffered to his back and shoulder is not a "grave injury" under Workers' Compensation Law § 11, Jerome is unable to obtain indemnification from Triple N unless there existed a written contract in which Triple N agreed to an indemnification provision (see Flores v. Lower E. Side Serv. Ctr., 4 NY3d 363, 367 [2005]). The record contains no written contract by which Triple N expressly agreed to indemnify Jerome. The only document signed by Triple N, a purchase order agreement with third-party defendant Giant Taping and Plastering, Inc., conspicuously fails to set forth any indemnification obligation with respect to Jerome. Thus, appellants have demonstrated entitlement to summary judgment dismissal of Jerome's claim for contractual indemnification.

This constitutes the decision and order of the court.
Decision Date: September 22, 2006