Legal Opinion
Kavanaugh v. Marrano/Marc Equity Corp.
Appellate Division of the Supreme Court of the State of New York
Decided March 8, 1996PublishedCited by 4 opinions
1Opinion of the Court
*1038The court also erred in denying the cross motion of Marrano insofar as it sought contractual and common-law indemnification against third-party defendant John T. Ball, Sr., doing business as J & L Painting & Decorating Company (Ball). The record establishes that Marrano is only vicariously liable under the Labor Law and is therefore entitled to a conditional judgment based upon common-law indemnification against Ball, who actually supervised, directed and controlled the work giving rise to plaintiff’s injury (see, Chapel v Mitchell, 84 NY2d 345, 347; Gillmore v Duke/ Fluor Daniel, 221 AD2d…
2Cases cited4 opinions
- Brown v. Two Exchange Plaza PartnersNew York Court of Appeals · 1990
- Chapel v. MitchellNew York Court of Appeals · 1994
- Gillmore v. DanielAppellate Division of the Supreme Court of the State of New York · 1995
- In re SavignyAppellate Division of the Supreme Court of the State of New York · 1995
3Cited by4 opinions
- Paul v. Ryan Homes, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Clark v. 345 East 52nd St. Owners, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Keck v. Board of Trustees of Corning Community CollegeAppellate Division of the Supreme Court of the State of New York · 1996
- Smith v. Staten Theatre GroupAppellate Division of the Supreme Court of the State of New York · 1997