Using the Facilities?

Eversfield v. Brush Hollow Realty - in this case, Nastasi claimed that toilets furnished at the job site are not "facilities" within the meaning of the indemnification clause of its contract with Cauldwell. The Second Department disagreed, "Since the use of portable toilets at a construction site is frequently a 'necessary and unavoidable activity' in the performance of the work (Turner Constr. Co. v Pace Plumbing Corp., 298 AD2d 146, 147), such toilets constitute 'facilities' within the contemplation of the indemnification clause, and Nastasi may potentially be held liable for contractual indemnification."