Regno v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Third-party defendant Bruno Grgas, Inc. (Grgas) established prima facie that there was no written indemnity agreement in existence between the parties on the date of plaintiffs accident. The burden then shifted to third-party plaintiff-appellant Almar Plumbing & Heating Corp. (Almar). Almar failed to raise an issue of fact as to whether the agreement signed in 2009, seven months after the accident, was effective as of a date before plaintiffs accident and that the parties intended it to have retroactive effect (see Burke v Fisher Sixth Ave. Co., 287 AD2d 410 [2001]; compare Podhaskie v…
2Cases cited3 opinions
- 2386 Creston Avenue Realty, LLC v. M-P-M Management Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Podhaskie v. Seventh Chelsea AssociatesAppellate Division of the Supreme Court of the State of New York · 2004
- Burke v. Fisher Sixth Avenue Co.Appellate Division of the Supreme Court of the State of New York · 2001
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