Legal Opinion

L. B. Kaye Associates, Ltd. v. Libov

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

Decided April 14, 1988PublishedCited by 4 opinions

1Opinion of the Court

— Motion for re-argument granted, and upon reargument, this court’s order entered on December 22,1987 (135 AD2d 1153) is vacated.

Order, Supreme Court, New York County (C. Beauchamp Ciparick, J.), entered on or about October 9, 1986, unanimously affirmed, without costs and without disbursements.

The motion of third-party plaintiff, Rhona Libov, for summary judgment declaring third-party defendant, Douglas Elliman-Gibbons & Ives, Inc., liable under the indemnity agreement was properly denied. Absent a specific provision in the contract of indemnity, an indemnitee is not required to give the…

2Cases cited4 opinions

  1. Conner v. . ReevesNew York Court of Appeals · 1886
  2. Feuer v. Menkes Feuer, Inc.Appellate Division of the Supreme Court of the State of New York · 1959
  3. Baker v. Northeastern Industrial Park, Inc.Appellate Division of the Supreme Court of the State of New York · 1979
  4. Delaware & Hudson Railroad v. Adirondack Farmers Co-Operative Exchange, Inc.Appellate Division of the Supreme Court of the State of New York · 1970

3Cited by4 opinions

  1. Prudential Insurance v. DeweyAppellate Division of the Supreme Court of the State of New York · 1991
  2. Wallace v. National Railroad Passenger Corp.District Court, S.D. New York · 2014
  3. ELRAC, Inc. v. CruzCivil Court of the City of New York · 1999
  4. In re Liquidaition of Union Indemnity Insurance of New YorkAppellate Division of the Supreme Court of the State of New York · 2009

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