Legal Opinion

Smith v. Xaverian High School

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 2000PublishedCited by 4 opinions

1Opinion of the Court

—In an action to recover damages for personal injuries, the defendant third-party plaintiff T. Moriarty & Sons, Inc., appeals, as limited by its brief, from so much of (1) an order of the Supreme Court, Bungs County (Rappaport, J.), dated December 3, 1998, as (a) granted that branch of the plaintiffs motion which was for partial summary judgment against it on the issue of liability under Labor Law § 240 (1), (b) granted that *247branch of the cross motion of the defendants Xaverian High School and Leon D. DeMatteis Construction Corp. which was for common-law indemnification against it on their…

2Cases cited11 opinions

  1. Ross v. Curtis-Palmer Hydro-Electric Co.New York Court of Appeals · 1993
  2. Majewski v. Broadalbin-Perth Central School DistrictNew York Court of Appeals · 1998
  3. Zimmer v. Chemung County Performing Arts, Inc.New York Court of Appeals · 1985
  4. Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
  5. Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1997

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3Cited by4 opinions

  1. Ibarra v. Equipment Control, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  2. Andino v. BFC Partners, L.P.Appellate Division of the Supreme Court of the State of New York · 2003
  3. Taylor v. V.A.W. of America, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Orellana v. American AirlinesAppellate Division of the Supreme Court of the State of New York · 2002

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