Legal Opinion

Tonking v. Port Authority of New York & New Jersey

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

Decided December 11, 2003PublishedCited by 5 opinions

1Opinion of the Court

*214Order, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered May 22, 2003, which, inter alia, granted the motion of second third-party defendant VEH. Mechanical (VPH) to dismiss the second third-party complaint brought against it by second third-party plaintiff Bovis Lend Lease LMB, Inc. (Bovis) pursuant to CPLR 3211 (a) (1) and (7), affirmed, without costs.

Bovis’s third-party claim for contractual indemnification was properly dismissed. The agreement relied upon by Bovis, between VPH and defendant and third-party plaintiff Port Authority, in relevant part entitled the Port…

2Cases cited3 opinions

  1. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  2. Kenny v. George A. Fuller Co.Appellate Division of the Supreme Court of the State of New York · 1982
  3. Lipshultz v. K & G Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by5 opinions

  1. Cordeiro v. TS Midtown Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2011
  2. Bizjak v. Gramercy Capital Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  3. A.R. Mack Construction Co. v. Patricia Electric, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
  4. Firemen's Insurance Company of Washington, D.C. v. ACE American Insurance CompanyDistrict Court, W.D. New York · 2020
  5. In Re Hirsch Elec. Co., Inc.United States Bankruptcy Court, E.D. New York · 2011

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