Legal Opinion

Consolidated Rail Corp. v. Hunts Point Terminal Produce Cooperative Ass'n

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

Decided October 19, 2004PublishedCited by 5 opinions

1Opinion of the Court

*342Order and judgment (one paper), Supreme Court, New York County (Barbara R. Kapnick, J.), entered July 29, 2003, which, to the extent appealed from as limited by the brief, granted defendant’s motion for summary judgment dismissing plaintiffs claim for common-law indemnification, unanimously affirmed, with costs.

Plaintiff has no claim for common-law indemnification because its liability in the underlying settled personal injury action, if any, would not have been vicarious but would have been premised upon its own acts or omissions (see Guzman v Haven Plaza Hous. Dev. Fund Co., 69 NY2d 559,…

2Cases cited2 opinions

  1. Guzman v. Haven Plaza Housing Development Fund Co.New York Court of Appeals · 1987
  2. Williams v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2004

3Cited by5 opinions

  1. Camofi Master LDC v. College Partnership, Inc.District Court, S.D. New York · 2006
  2. Reimold v. Walden Terrace, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
  3. Edge Management Consulting, Inc. v. BlankAppellate Division of the Supreme Court of the State of New York · 2006
  4. Konsky v. Escada Hair Salon, Inc.Appellate Division of the Supreme Court of the State of New York · 2014
  5. Konsky v. Escada Hair Salon, Inc.Appellate Division of the Supreme Court of the State of New York · 2014

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