Legal Opinion
Chapel v. Mitchell
New York Court of Appeals
Decided October 27, 1994PublishedCited by 98 opinions
1Opinion of the Court
OPINION OF THE COURT
ClPARICK, J.
This case requires us to decide whether an indemnitee may recover from an indemnitor the legal expenses incurred in prosecuting a common-law indemnification claim. We conclude that such legal expenses are not recoverable.
While employed by third-party defendant Robert E. Lee, plaintiff David W. Chapel sustained injuries when he fell from the roof of a building owned by defendants/third-party plaintiffs Samuel J. Mitchell and S.J.M. Entertainment Corp. (defendant). Plaintiff commenced an action against defendant under Labor Law § 240. Defendant in turn commenced…
2Cases cited10 opinions
- Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- Mighty Midgets, Inc. v. Centennial InsuranceNew York Court of Appeals · 1979
- Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
- Doyle v. Allstate InsuranceNew York Court of Appeals · 1956
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3Cited by98 opinions
- U.S. Underwriters Insurance v. City Club Hotel, LLCNew York Court of Appeals · 2004
- Baker v. Health Management Systems, Inc.New York Court of Appeals · 2002
- Gillmore v. DanielAppellate Division of the Supreme Court of the State of New York · 1995
- Perchinsky v. StateAppellate Division of the Supreme Court of the State of New York · 1997
- In Re Trust Created by HydeNew York Court of Appeals · 2010
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