17 Vista Fee Associates v. Teachers Insurance & Annuity Ass'n of America
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Mazzarelli, J.
The issue to be decided on this appeal is whether the seller *78of a building may seek indemnification from a mechanical engineer because the engineer’s negligent design of a smoke purge system resulted in the seller having to pay the building’s new owner for those defects. We conclude that the seller is entitled to indemnification from the engineer because the seller itself was compelled to discharge a duty that it had delegated fully to, and that should have been discharged by, the engineer, whose negligence was the actual cause of the loss. We also find that…
2Cases cited22 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Rogers v. Dorchester AssociatesNew York Court of Appeals · 1973
- Sears, Roebuck & Co. v. Enco Associates, Inc.New York Court of Appeals · 1977
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3Cited by75 opinions
- Hydro Investors, Inc. v. Trafalgar Power Inc.Court of Appeals for the Second Circuit · 2000
- Saltiel v. GSI Consultants, Inc.Supreme Court of New Jersey · 2002
- Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
- Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C.Indiana Supreme Court · 2010
- Amusement Industry, Inc. v. SternDistrict Court, S.D. New York · 2010
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