Brown v. U.S. Vanadium Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Cross appeal unanimously dismissed and order affirmed without costs. Memorandum: Supreme Court properly granted the cross motion of third-party plaintiff, U.S. Vanadium Corporation (Vanadium), for summary judgment on its contractual indemnification claim. Vanadium established that it did not direct or control the work performed by employees of third-party defendant, Scrufari Construction Co., Inc. (Scrufari). The fact that Vanadium retained the right to terminate the contract is insufficient to establish control over the performance of the work (see, Hayes v Crane Hogan Structural Sys., 191…
2Cases cited9 opinions
- Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.New York Court of Appeals · 1984
- People v. BaileyNew York Court of Appeals · 1983
- Town of Massena v. Niagara Mohawk Power Corp.New York Court of Appeals · 1978
- Royal v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Brown v. StarkweatherAppellate Division of the Supreme Court of the State of New York · 1993
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3Cited by57 opinions
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- People v. ChaseAppellate Division of the Supreme Court of the State of New York · 1999
- Bennett Road Sewer Co. v. Town Board of Town of CamillusAppellate Division of the Supreme Court of the State of New York · 1998
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