Legal Opinion
McCarthy v. Turner Construction, Inc.
New York Court of Appeals
Decided June 28, 2011No. 117PublishedCited by 231 opinions
1Opinion of the Court
OPINION OF THE COURT
Jones, J.
The issue before the Court is whether defendant property owners Boston Properties, Inc. and Times Square Tower Associates, LLC (the property owners) are entitled to common-law indemnification from defendant general contractor John Gallin & Son, Inc. (Gallin). For the reasons that follow, we hold they are not.
The property owners leased a retail storefront located at 7 Times Square Tower (the premises) to nonparty Ann Taylor, Inc. By agreement dated December 20, 2004, Ann Taylor, Inc. engaged Gallin, as construction manager, to build out its space. Pursuant to the…
2Cases cited17 opinions
- Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
- Rocovich v. Consolidated Edison Co.New York Court of Appeals · 1991
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Mas v. Two Bridges AssociatesNew York Court of Appeals · 1990
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3Cited by231 opinions
- Naughton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012
- Allan v. DHL Express (USA), Inc.Appellate Division of the Supreme Court of the State of New York · 2012
- Caiazzo v. Mark Joseph Contracting, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
- Murray Bresky Consultants, Ltd. v. New York Compensation Manager's Inc.Appellate Division of the Supreme Court of the State of New York · 2013
- Marquez v. L & M Development Partners, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
226 more not listed; retrieve them via the Exa API.