Ostapenko v. George A. Fuller Co.
New York Supreme Court
1Opinion of the CourtMatthew M. Levy, J.
A building was in process of being erected in New York City. Fuller was the general contractor. Rizzi was the concrete subcontractor. An agreement of indemnity bound Rizzi to Fuller, in the event that Fuller should be found liable for injuries occurring on the premises as a result of Rizzi’s performance on the job. Ostapenko was employed by Rizzi. While working, Ostapenko was injured by a driftpin alleged to have been negligently dropped by American, the steel subcontractor. Ostapenko sued American, and, after trial, there was a general verdict and judgment in favor of American on the merits,…
2Cases cited6 opinions
- Good Health Dairy Products Corp. v. EmeryNew York Court of Appeals · 1937
- Elder v. New York & Pennsylvania Motor Express, Inc.New York Court of Appeals · 1940
- Wolf v. KenyonAppellate Division of the Supreme Court of the State of New York · 1934
- Maxson v. TomekAppellate Division of the Supreme Court of the State of New York · 1935
- Reilly v. RawleighAppellate Division of the Supreme Court of the State of New York · 1935
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3Cited by4 opinions
- Awad v. Universal Coconut Corp.New York Supreme Court · 1962
- Kress v. LPN 1st Ave. Corp.New York Supreme Court · 1962
- ABC Freight Forwarding Corp. v. LearyNew York Supreme Court · 1966
- Ostapenko v. George A. Fuller Co.Appellate Division of the Supreme Court of the State of New York · 1961