Legal Opinion
Gatley v. Deters
New York Supreme Court
Decided May 10, 1985PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Joseph D. Mintz, J.
Plaintiffs move for. summary judgment pursuant to CPLR 3212 dismissing the third-party complaint as regards both third-party defendants. The motion as regards third-party defendant Gatley Construction is based on an argument that a third-party complaint in an action under Labor Law § 240 against a partnership of which plaintiff is a member is impermissible. The motion as regards third-party defendant Basile is based on an argument that a showing of active negligence on the part of Basile is required and that no such showing sufficient to defeat a summary…
2Cases cited5 opinions
- Haimes v. New York Telephone Co.New York Court of Appeals · 1978
- Long v. Forest-FehlhaberNew York Court of Appeals · 1982
- Crawford v. LeimziderAppellate Division of the Supreme Court of the State of New York · 1984
- Golia v. Health Insurance Plan of Greater New YorkNew York Court of Appeals · 1960
- In re the Arbitration between Taylor & Health Care Employees, RWDSU, AFL-CIONew York Supreme Court · 1977
3Cited by9 opinions
- Department of Economic Development v. Arthur Andersen & Co.District Court, S.D. New York · 1996
- Salswedel v. Enerpharm, Ltd.New Mexico Court of Appeals · 1988
- Somer & Wand v. RotondiAppellate Division of the Supreme Court of the State of New York · 1996
- Kendall v. Venture Development, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Rose v. Mount Ebo Associates, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
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