Legal Opinion
Kirkpatrick v. Diversified Sports, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided June 9, 1995No. Appeal No. 2PublishedCited by 5 opinions
1Opinion of the Court
Order unanimously affirmed without costs. Memorandum: Supreme Court properly refused to grant the motion of third-party defendant James E. Kirkpatrick to dismiss the causes of action for indemnity and contribution interposed against him by third-party plaintiffs in this Labor Law § 240 case. Third-party plaintiffs alleged in their pleadings that James Kirkpatrick exercised control and supervision over the work of plaintiff Timothy A. Kirkpatrick and failed to protect him adequately from injury. Those allegations are sufficient to defeat the motion to dismiss (see, Stimson v Lapp Insulator…
2Cases cited4 opinions
- Mihlovan v. GrozavuNew York Court of Appeals · 1988
- Four Seasons Hotels Ltd. v. VinnikAppellate Division of the Supreme Court of the State of New York · 1987
- Stimson v. Lapp Insulator Co.Appellate Division of the Supreme Court of the State of New York · 1992
- American Home Assurance Co. v. Mainco Contractor Corp.Appellate Division of the Supreme Court of the State of New York · 1994
3Cited by5 opinions
- Trapani v. 10 Arial Way AssociatesAppellate Division of the Supreme Court of the State of New York · 2003
- Boyette v. Algonquin Gas Transmission Co.District Court, S.D. New York · 1997
- CD Music Co. v. Bassline, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Jacobs v. HaberAppellate Division of the Supreme Court of the State of New York · 1996
- Langdon v. Town of WebsterNew York Supreme Court · 1999