Legal Opinion
Newell v. Almeter-Barry Construction Management, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided December 31, 1997PublishedCited by 5 opinions
1Opinion of the Court
—Order insofar as appealed from unanimously reversed on the law with costs to third-party plaintiff and cross motion granted. Memorandum: Supreme Court erred in denying the cross motion of third-party plaintiff, Almeter-Barry Construction Management, Inc. (Almeter-Barry), for summary judgment in its action against third-party defendant, Gypsum Systems, Inc. (Gypsum), for contractual and common-law indemnification. Almeter-Barry met its initial burden on the cross motion by submitting evidence that it did not direct, control or supervise the manner or method of work performed by Gypsum…
2Cases cited9 opinions
- Brown v. Two Exchange Plaza PartnersNew York Court of Appeals · 1990
- Riley v. John W. Stickl Construction Co.Appellate Division of the Supreme Court of the State of New York · 1997
- Malecki v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Norton v. John P. Bell & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Sikorski v. Springbrook Fire DistrictAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by5 opinions
- Masciotta v. Morse Diesel International, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
- Siago v. Garbade Construction Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Nicholas v. EPO-Harvey Apartments, Ltd.Appellate Division of the Supreme Court of the State of New York · 2006
- Boshnakov v. Higgins-Kieffer, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
- Warner v. Eastman Kodak Co.Appellate Division of the Supreme Court of the State of New York · 2006