Legal Opinion
Schwalm v. County of Monroe
Appellate Division of the Supreme Court of the State of New York
Decided February 2, 1990PublishedCited by 12 opinions
1Opinion of the Court
Supreme Court also erred in denying the cross motion for summary judgment by the City of Rochester (City) against the County of Monroe (County) and the Rochester Pure Waters District (District) for contractual indemnification. A 1971 lease agreement provides for such indemnification. The City’s liability to plaintiffs in the primary action is based solely on its status as owner of the property, and the City had no control or supervision of the worksite (see, Kosiorek v Bethlehem Steel Corp., 145 AD2d 935, 936; Conway v New York State Teachers’ Retirement Sys., 141 AD2d 957, 959-960).
Plaintiff…
2Cases cited4 opinions
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- Conway v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1988
- Kosiorek v. Bethlehem Steel Corp.Appellate Division of the Supreme Court of the State of New York · 1988
3Cited by12 opinions
- Gillmore v. DanielAppellate Division of the Supreme Court of the State of New York · 1995
- Brown v. Sagamore HotelAppellate Division of the Supreme Court of the State of New York · 1992
- Allman v. Frank L. Ciminelli Construction Co.Appellate Division of the Supreme Court of the State of New York · 1992
- Lowe v. Dollar Tree Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- O'Brien v. Key Bank N. A.Appellate Division of the Supreme Court of the State of New York · 1996
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