Legal Opinion
Gentile v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
Appellate Terms of the Supreme Court of New York
Decided October 7, 2005PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order dated April 21, 2004 reversed, with $10 costs, motion granted, and third-party action dismissed. The Clerk is directed to enter judgment accordingly.
Plaintiff Frank Gentile, an employee of third-party defendant Service Force, Inc., allegedly tripped on a “cut,” raised floor tile, not of his making, and fell, suffering injury. Defendant Merrill Lynch, the owner of the office building where the accident occurred, hired Service Force to repair, maintain and operate certain mechanical systems at the premises. The contract contained an indemnification provision whereby…
3Cases cited9 opinions
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- Brown v. Two Exchange Plaza PartnersNew York Court of Appeals · 1990
- Tonking v. Port Authority of New York & New JerseyNew York Court of Appeals · 2004
- Murphy v. Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2004
- Lopez v. Consolidated Edison Co.New York Court of Appeals · 1976
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