Legal Opinion

Austro v. Niagara Mohawk Power Corp.

New York Court of Appeals

Decided October 10, 1985PublishedCited by 38 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division, insofar as appealed from, should be reversed, with costs, and judgment granted to Niagara Mohawk Power Co. (NiMo) on its third-party complaint against third-party defendants Weber Construction Co., Inc., and Kenneth Begin.

The Appellate Division affirmed the dismissal, following trial, of NiMo’s third-party complaint insofar as it demanded indemnification from Weber for liability arising out of NiMo’s gross negligence. The demand was based on an agreement by Weber to indemnify NiMo for any liability caused by the latter’s…

2Cases cited3 opinions

  1. Gross v. SweetNew York Court of Appeals · 1979
  2. Kalisch-Jarcho, Inc. v. City of New YorkNew York Court of Appeals · 1983
  3. Public Service Mutual Insurance v. GoldfarbNew York Court of Appeals · 1981

3Cited by38 opinions

  1. St. Paul Fire & Marine Insurance v. Universal Builders SupplyCourt of Appeals for the Second Circuit · 2005
  2. Gibbs-Alfano v. BurtonCourt of Appeals for the Second Circuit · 2002
  3. J.P. Morgan Securities Inc. v. Vigilant InsuranceNew York Court of Appeals · 2013
  4. Gibbs-Alfano v. BurtonCourt of Appeals for the Second Circuit · 2002
  5. Goodman v. Port AuthorityDistrict Court, S.D. New York · 2012

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