Tate v. Clancy-Cullen Storage Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Wherein it seeks leave to appeal to Court of Appeals, motion denied; wherein reargument is sought, motion granted to the extent of recalling and vacating this court’s unpublished decision and order (Appeal No. 42605) entered on July 2, 1991 and substituting a new decision and order, below.
Order of the Supreme Court, New York County (Harold Tompkins, J.), entered on February 1, 1990, which denied third-party plaintiff’s motion to dismiss the defense, is unanimously reversed, on the law, and the defense dismissed, without costs.
This appeal raises a public policy question of whether a contractor…
2Cases cited9 opinions
- Brown v. Two Exchange Plaza PartnersNew York Court of Appeals · 1990
- Melodee Lane Lingerie Co. v. American District Telegraph Co.New York Court of Appeals · 1966
- Florence v. Merchants Central Alarm Co.New York Court of Appeals · 1980
- Tate v. Clancy-Cullen Storage Co.Appellate Division of the Supreme Court of the State of New York · 1991
- Fisher v. BidermanAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by3 opinions
- Angwin v. SRF Partnership, L. P.Appellate Division of the Supreme Court of the State of New York · 2001
- Malsch v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
- Golden Stone Trading, Inc. v. Wayne Electro Systems, Inc.Appellate Division of the Supreme Court of the State of New York · 2007