Legal Opinion

Emmons v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 2001PublishedCited by 9 opinions

1Opinion of the Court

—Order, Supreme Court, New York County (Michael Stallman, J.), entered on or about August 9, 2000, which denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Appellant’s argument that it should not be held liable for the negligence of its independent contractor is inappropriately pre*245sented for the first time on appeal (see, Recovery Consultants v Shih-Hsieh, 141 AD2d 272, 276), and we decline to review it. In any event, the argument would be unavailing under the facts here present. Although one retaining an…

2Cases cited5 opinions

  1. Rosenberg v. Equitable Life Assurance SocietyNew York Court of Appeals · 1992
  2. Schwartz v. Merola Bros. Construction Corp.New York Court of Appeals · 1943
  3. Recovery Consultants, Inc. v. Shih-HsiehAppellate Division of the Supreme Court of the State of New York · 1988
  4. Appel v. MullerNew York Court of Appeals · 1933
  5. Wright v. Tudor City Twelfth Unit, Inc.New York Court of Appeals · 1938

3Cited by9 opinions

  1. Porteous v. J-Tek Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2015
  2. Gamer v. RossAppellate Division of the Supreme Court of the State of New York · 2008
  3. Kopinska v. Metal Bright Maintenance Co.Appellate Division of the Supreme Court of the State of New York · 2003
  4. Linder v. United Metro Energy Servs. Corp.Appellate Division of the Supreme Court of the State of New York · 2021
  5. Linder v. United Metro Energy Servs. Corp.Appellate Division of the Supreme Court of the State of New York · 2021

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