Legal Opinion

Delaney v. Spiegel Associates

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

Decided March 8, 1996PublishedCited by 8 opinions

1Opinion of the Court

*1103An owner or general contractor who is held strictly liable under Labor Law § 240 (1) is entitled to full common-law indemnification from the party actually responsible for the incident giving rise to plaintiffs injuries (see, Chapel v Mitchell, 84 NY2d 345, 347; Kelly v Diesel Constr. Div., 35 NY2d 1, 4-7), i.e., "from the party that actually supervised, directed or controlled the work giving rise to the injury” (Nappo v Menorah Campus, 216 AD2d 876, 877). The record establishes that, although plaintiff was supervised by a fellow Rise employee, a McLo representative also supervised the steel…

2Cases cited15 opinions

  1. Brown v. Two Exchange Plaza PartnersNew York Court of Appeals · 1990
  2. Kelly v. Diesel Construction Division of Carl A. Morse, Inc.New York Court of Appeals · 1974
  3. Kinney v. G. W. Lisk Co.New York Court of Appeals · 1990
  4. Chapel v. MitchellNew York Court of Appeals · 1994
  5. Benincasa v. GarrubboAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by8 opinions

  1. Newell v. Almeter-Barry Construction Management, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
  2. Clyde v. Franciscan Sisters of Allegany, N.Y., Inc.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Puckett v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1999
  4. Boshnakov v. Higgins-Kieffer, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  5. Pastella v. R.S. Hulbert Builders, Inc.Appellate Division of the Supreme Court of the State of New York · 2003

3 more not listed; retrieve them via the Exa API.

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