From Casetext: Smarter Legal Research

ITRI Brick & Concrete Corp. v. Aetna Casualty & Surety Co.

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1996
228 A.D.2d 165 (N.Y. App. Div. 1996)

Opinion

June 4, 1996

Appeal from the Supreme Court, New York County (Walter Schackman, J.).


The IAS Court properly adhered to its prior determination dismissing the complaint, wherein plaintiffs sought a declaration that defendant Aetna was obligated to share with plaintiff State Insurance Fund in the defense, indemnification and/or settlement costs in an underlying action in which an employee of Aetna's insured sought to recover damages for personal injuries. By virtue of the provisions of General Obligations Law § 5-322.1, as amended by the Legislature in 1981, defendant Aetna was not obligated to indemnify plaintiffs, notwithstanding the existence of an indemnity agreement, because the negligence of the promisee of such agreement, general contractor Mars-Normal Terrace, caused, in part, the injuries which were the subject of the underlying action, as reflected in the stipulation of settlement of that action ( see, Brown v. Two Exch. Plaza Partners, 76 N.Y.2d 172, 180; Vurchio v. Kalikow Lincoln Dev. Co., 187 A.D.2d 280, 281; Dewitt v. Pizzagalli Constr. Co., 183 A.D.2d 991, 993-994).

We have considered plaintiffs' remaining arguments and find them to be without merit.

Concur — Milonas, J.P., Ellerin, Rubin, Nardelli and Tom, JJ.


Summaries of

ITRI Brick & Concrete Corp. v. Aetna Casualty & Surety Co.

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1996
228 A.D.2d 165 (N.Y. App. Div. 1996)
Case details for

ITRI Brick & Concrete Corp. v. Aetna Casualty & Surety Co.

Case Details

Full title:ITRI BRICK CONCRETE CORP. et al., Appellants, v. AETNA CASUALTY SURETY…

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

Date published: Jun 4, 1996

Citations

228 A.D.2d 165 (N.Y. App. Div. 1996)
643 N.Y.S.2d 544

Citing Cases

Juliano v. Prudential Securities Inc.

1 to bar the third-party claim for contractual indemnification against Forest Electric. Both in Brown v. Two…

Itri Brick & Concrete Corp. v. Aetna Casualty & Surety Co.

Mark Slotkin, New York City, James P. O'Connor and Raymond C. Green for fourth-party defendant-respondent in…