Legal Opinion
Cahn v. Ward Trucking, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 2012PublishedCited by 2 opinions
1Opinion of the Court
This is an action to recover damages for personal injuries sustained by plaintiff when he was struck by a barrel (or drum) of cleaning chemicals that fell off of a hand truck in the lobby of a building owned by defendant 450 Park, where plaintiff worked. Third-party Chemtreat, the vendor of the chemicals who allegedly failed to pack the barrels properly for delivery, was entitled to summary judgment. The claims for common-law indemnification against Chemtreat should have been dismissed, as the record shows that Chemtreat was not actively at fault in bringing about plaintiffs injury (see…
2Cases cited6 opinions
- Espinal v. Melville Snow Contractors, Inc.New York Court of Appeals · 2002
- H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
- Palka v. Servicemaster Management Services Corp.New York Court of Appeals · 1994
- McCarthy v. Turner Construction, Inc.New York Court of Appeals · 2011
- Eaves Brooks Costume Co. v. Y.B.H. Realty Corp.New York Court of Appeals · 1990
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3Cited by2 opinions
- Glispy v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Glispy v. Riverbay Corp.Appellate Division of the Supreme Court of the State of New York · 2014