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City of N.Y. v. Consol. Edison Co. of N.Y

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 1993
198 A.D.2d 31 (N.Y. App. Div. 1993)

Summary

finding that statute did not provide a basis for indemnification, but rather only that a contractor was responsible for its own negligence

Summary of this case from Corwin v. NYC Bike Share, LLC

Opinion

November 4, 1993

Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).


The City is not entitled to indemnification from Con Ed; since the jury apportioned 40% of the fault against the City, common law indemnification is inapplicable (see, D'Ambrosio v City of New York, 55 N.Y.2d 454). Also, contrary to the City's claim, Administrative Code of the City of New York § 19-107 does not provide for indemnification for the City against Con Ed. That Administrative Code provision provides only that a contractor such as Con Ed is responsible for its own negligence (see, Petrucci v City of New York, 167 A.D.2d 29, 34).

Concur — Sullivan, J.P., Rosenberger, Ellerin and Wallach, JJ.


Summaries of

City of N.Y. v. Consol. Edison Co. of N.Y

Appellate Division of the Supreme Court of New York, First Department
Nov 4, 1993
198 A.D.2d 31 (N.Y. App. Div. 1993)

finding that statute did not provide a basis for indemnification, but rather only that a contractor was responsible for its own negligence

Summary of this case from Corwin v. NYC Bike Share, LLC
Case details for

City of N.Y. v. Consol. Edison Co. of N.Y

Case Details

Full title:CITY OF NEW YORK, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Nov 4, 1993

Citations

198 A.D.2d 31 (N.Y. App. Div. 1993)
603 N.Y.S.2d 47

Citing Cases

Libardi v. City of New York

Contrary to the determination of the Supreme Court, we find that the City is not entitled to indemnification…

Corwin v. NYC Bike Share, LLC

Instead, the available case law deals exclusively with whether the statute can be invoked as a basis for the…