Legal Opinion

Gordon J. Phillips, Inc. v. Concrete Materials, Inc.

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

Decided November 18, 1992PublishedCited by 3 opinions

1Opinion of the Court

Order modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court erred in denying the motions of third-party defendants City of Rochester (City) and Empire Soils Investigations, Inc. (Empire Soils) for summary judgment dismissing the claims of third-party plaintiff Concrete Materials, Inc. (CMI) against them for contribution and/or indemnification. We conclude as a matter of law that CMI does not have a valid claim for contribution or indemnity against either the City or Empire Soils.

The main action seeks to recover damages for…

2Cases cited13 opinions

  1. Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
  2. Sommer v. Federal Signal Corp.New York Court of Appeals · 1992
  3. Hartford Accident & Indemnity Co. v. WesolowskiNew York Court of Appeals · 1973
  4. McFall v. Compagnie Maritime Belge (Lloyd Royal) S. A.New York Court of Appeals · 1952
  5. Board of Education v. Sargent, Webster, Crenshaw & FolleyNew York Court of Appeals · 1987

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3Cited by3 opinions

  1. Cappelletti v. Unigard InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
  2. Petito v. Beaver Concrete Breaking Co.Civil Court of the City of New York · 1994
  3. John W. Cowper Co. v. Potomac Iron Works, Inc.Appellate Division of the Supreme Court of the State of New York · 1992

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