Legal Opinion
Turkish Arilines, Inc. v. American Airlines, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided April 20, 1998PublishedCited by 4 opinions
1Opinion of the Court
—In an action for indemnification, the plaintiff appeals from an order of the Supreme Court, Queens County (Dye, J.), dated August 26, 1996, which denied its motion for summary judgment.
Ordered that the order is affirmed, with costs.
The Supreme Court properly found the existence of a triable issue of fact sufficient to deny summary judgment (see, Ferrante v American Lung Assn., 90 NY2d 623; see also, Castignoli v Van Guard, 242 AD2d 357 [as to the plaintiffs argument concerning vouching in]). The question of whether the plaintiff should be given leave to amend the complaint, raised for the…
2Cases cited4 opinions
- Katz v. KatzAppellate Division of the Supreme Court of the State of New York · 1979
- Ferrante v. American Lung Ass'nNew York Court of Appeals · 1997
- Galatti v. Alliance Funding Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Castignoli v. Van GuardAppellate Division of the Supreme Court of the State of New York · 1997
3Cited by4 opinions
- Johnston v. Continental Broker-Dealer Corp.Appellate Division of the Supreme Court of the State of New York · 2001
- Falk v. Village of Scarsdale Zoning Board of AppealsAppellate Division of the Supreme Court of the State of New York · 1998
- Chavez v. Bancker Construction Corp.Appellate Division of the Supreme Court of the State of New York · 2000
- Durrett v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2000