Legal Opinion

Leibel v. Flynn Hill Elevator Co.

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

Decided March 14, 2005PublishedCited by 1 opinion

1Opinion of the Court

In an action to recover damages for personal injuries, the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Pitts, J.), dated September 24, 2003, as denied, in part, its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.

The indemnification provision in the agreement between the parties was void as against public policy and unenforceable, as it sought to…

2Cases cited7 opinions

Zuckerman v. City of New YorkNew York Court of Appeals · 1980
Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1997
Carriere v. Whiting Turner ContractingAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by1 opinion

Leibel v. Flynn Hill Elevator Co.Appellate Division of the Supreme Court of the State of New York · 2006