Legal Opinion
Pesta v. City of Johnstown
Appellate Division of the Supreme Court of the State of New York
Decided July 17, 2008PublishedCited by 3 opinions
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Supreme Court (Giardino, J.), entered January 18, 2007 in Fulton County, which, upon reargument, among other things, granted defendant’s motion for summary judgment on its common-law indemnification claim against third-party defendant.
This appeal involves a dispute over the applicability of the antisubrogation rule. Plaintiff, an employee of third-party defendant, Peter Luizzi & Brothers Contracting (hereinafter Luizzi), was working on a road paving project that Luizzi had contracted to complete for defendant. Plaintiff sustained serious injuries, resulting in…
2Cases cited9 opinions
- Pennsylvania General Insurance v. Austin Powder Co.New York Court of Appeals · 1986
- North Star Reinsurance Corp. v. Continental InsuranceNew York Court of Appeals · 1993
- Jefferson Insurance v. Travelers Indemnity Co.New York Court of Appeals · 1998
- In Re the Arbitration Between Niagara Wheatfield Administrators Ass'n & Niagara Wheatfield Central School DistrictNew York Court of Appeals · 1978
- City of Albany v. Standard Accident InsuranceNew York Court of Appeals · 1960
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3Cited by3 opinions
- Hytko v. HennesseyAppellate Division of the Supreme Court of the State of New York · 2009
- ACE American Insurance Co. v. American Guarantee & Liability Insurance Co.District Court, S.D. New York · 2017
- Travelers Indemnity Insurance Company v. United States Fire Insurance CompanyDistrict Court, S.D. New York · 2024