Ostuni v. Town of Inlet
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtMalone Jr., J.
Appeal from an order of the Supreme Court (Giardino, J.), entered March 31, 2008 in Hamilton County, which, among other things, denied defendant’s motion for summary judgment on its contractual indemnification claim against third-party defendant.
Defendant contracted with third-party defendant, Smith Construction, LLC, to build a salt and sand storage facility in the Town of Inlet, Hamilton County. Although the contract provided that Smith was generally responsible for the construction and its supervision, defendant agreed to perform the excavation, backfill and foundation work for the…
2Cases cited8 opinions
- Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.New York Court of Appeals · 1997
- Brooks v. Judlau Contracting, Inc.New York Court of Appeals · 2008
- Potter v. M.A. Bongiovanni, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Thurman v. United Health Services Hospitals, Inc.Appellate Division of the Supreme Court of the State of New York · 2007
- Bink v. F.C. Queens Place Associates, LLCAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by15 opinions
- Miranda v. Norstar Building Corp.Appellate Division of the Supreme Court of the State of New York · 2010
- Ketchuck v. Town of OwegoAppellate Division of the Supreme Court of the State of New York · 2010
- Miller v. MooreAppellate Division of the Supreme Court of the State of New York · 2009
- Perales v. First Columbia 1200 NSR, LLCAppellate Division of the Supreme Court of the State of New York · 2011
- Lafarge North America, Inc. v. K.E.C.I. Colorado, Inc.Colorado Court of Appeals · 2010
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