Legal Opinion

Tonking v. Port Authority of New York & New Jersey

New York Court of Appeals

Decided December 2, 2004PublishedCited by 79 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

This case involves a dispute over the scope of an indemnification clause in a renovation contract between the owner of a building and a contractor. The agreement obligated the contractor to indemnify the owner and, among others, the owner’s “agents” for certain claims arising out of the project. The question before us is whether a firm that performed management services for the owner qualified as the owner’s agent under the indemnification clause. We hold that it did not.

In 1999, the Port Authority of New York and New Jersey entered into a renovation contract…

2Cases cited2 opinions

  1. Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
  2. Castro v. United Container MacHinery Group, Inc.New York Court of Appeals · 2001

3Cited by79 opinions

  1. Manhattan Motorcars, Inc. v. Automobili LamborghiniDistrict Court, S.D. New York · 2007
  2. Spinelli v. National Football LeagueDistrict Court, S.D. New York · 2015
  3. Fleming v. GrahamNew York Court of Appeals · 2008
  4. Wallert v. AtlanDistrict Court, S.D. New York · 2015
  5. Cordeiro v. TS Midtown Holdings, LLCAppellate Division of the Supreme Court of the State of New York · 2011

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