Legal Opinion

Martelle v. City of New York

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

Decided July 5, 2006PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for personal injuries, the third-party defendant appeals from so much of an order of the Supreme Court, Richmond County (Mega, J.), dated February 25, 2005, as denied its motion to dismiss the third-party complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion which was to dismiss the third-party claim for common-law indemnification, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed from, with costs to the…

2Cases cited5 opinions

  1. Flores v. Lower East Side Services Center, Inc.New York Court of Appeals · 2005
  2. Rodrigues v. N & S Building Contractors, Inc.New York Court of Appeals · 2005
  3. Podhaskie v. Seventh Chelsea AssociatesAppellate Division of the Supreme Court of the State of New York · 2004
  4. Acosta v. S.L. Green Management Corp.Appellate Division of the Supreme Court of the State of New York · 1999
  5. Soto v. Alert No. 1 Alarm Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

3Cited by6 opinions

  1. Baginski v. Queen Grand Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2009
  2. Falkowski v. Krasdale Foods, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
  3. DePaola v. Albany Medical CollegeAppellate Division of the Supreme Court of the State of New York · 2007
  4. Cifone v. Andros Broadway, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
  5. Mantovani v. Whiting-Turner Contracting Co.Appellate Division of the Supreme Court of the State of New York · 2008

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