28 Cited authorities

  1. Raquet v. Braun

    90 N.Y.2d 177 (N.Y. 1997)   Cited 303 times
    Noting that, under New York law, “the key element of a common-law cause of action for indemnification is not a duty running from the indemnitor to the injured party, but rather is a separate duty owed to the indemnitee by the indemnitor”
  2. Flores v. Lower E. Side Serv

    4 N.Y.3d 363 (N.Y. 2005)   Cited 231 times
    Holding that an "unsigned contract may be enforceable"
  3. Patrolmen's Benevolent Ass'n v. City of New York

    41 N.Y.2d 205 (N.Y. 1976)   Cited 372 times

    Argued October 12, 1976 Decided December 22, 1976 Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, GEORGE STARKE, J. W. Bernard Richland, Corporation Counsel (James G. Greilsheimer and L. Kevin Sheridan of counsel), New York City, for appellant. Frederick R. Livingston, Jay W. Waks and William C. Zifchak, New York City, for respondent. Louis J. Lefkowitz, Attorney-General (George D. Zuckerman and Samuel A. Hirshowitz of counsel), New York City, for intervenor

  4. Pennsylvania General Insurance v. Austin Powder Co.

    68 N.Y.2d 465 (N.Y. 1986)   Cited 266 times
    In Austin the court refused to allow the owner of a leased vehicle to seek indemnification from lessee under a lease agreement that provided for the owner to provide primary insurance coverage.
  5. Fleming v. Graham

    2008 N.Y. Slip Op. 2502 (N.Y. 2008)   Cited 90 times

    No. 41. Argued February 13, 2008. Decided March 20, 2008. APPEAL, by permission of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered November 14, 2006. The Appellate Division affirmed, insofar as appealed from, so much of an order of the Supreme Court, Kings County (David I. Schmidt, J.; op 2005 NY Slip Op 30268[U]), as had denied third-party defendant's motion for summary judgment dismissing the third-party complaint. The following

  6. In the Matter of Orens v. Novello

    99 N.Y.2d 180 (N.Y. 2002)   Cited 69 times
    Relying on Merriam–Webster's Collegiate Dictionary and Black's Law Dictionary in determining meaning of term “lay member”
  7. Majewski v. Broadalbin-Perth Central School District

    (N.Y. May. 12, 1998)   Cited 54 times
    In Majewski the New York Court of Appeals observed that "the date that legislation is to take effect is a separate question from whether the statute should apply to claims and rights then in existence.
  8. Tikhonova v. Ford Motor Co.

    4 N.Y.3d 621 (N.Y. 2005)   Cited 24 times
    In Tikhonova v. Ford Motor Company, 4 N.Y.3d 621, 624–25, 797 N.Y.S.2d 799, 830 N.E.2d 1127 (2005), the court permitted a lawsuit to proceed under Section 388 against the Ford Motor Company, the owner of the car, even though the driver of the car, a foreign diplomat driving in New York City, enjoyed full diplomatic immunity from suit.
  9. Naso v. Lafata

    4 N.Y.2d 585 (N.Y. 1958)   Cited 92 times
    In Naso v. Lafata (4 NY2d 585, 589), we explained that a worker injured in a car driven negligently by a coemployee (and in the course of their employment) may not resort to the Vehicle and Traffic Law for a cause of action against the car's owner.
  10. Shutter v. Philips Display Co.

    688 N.E.2d 235 (N.Y. 1997)   Cited 20 times
    In Matter of Shutter v. Philips Display Components Co. (90 N.Y.2d 703, 708) the Court of Appeals interpreted Workers' Compensation Law § 29 Work. Comp.(1) and 29(4), stating, "[t]ogether, these terms indicate that the lien and offset tools [of the Workers' Compensation Law] may be applied only against recoveries from the third-party tortfeasors who are responsible for the claimant's injuries".
  11. Section 11 - Alternative remedy

    N.Y. Workers' Comp. Law § 11   Cited 1,475 times   1 Legal Analyses
    Prohibiting a third party from suing an employer for workplace injuries sustained by the employer's employees, unless the employee suffered a statutorily defined grave injury
  12. Section 388 - Negligence in use or operation of vehicle attributable to owner

    N.Y. Veh. & Traf. Law § 388   Cited 793 times
    Holding owner liable for negligence of any permissive user
  13. Section 29 - Remedies of employees; subrogation

    N.Y. Workers' Comp. Law § 29   Cited 734 times

    1. If an employee entitled to compensation under this chapter be injured or killed by the negligence or wrong of another not in the same employ, such injured employee, or in case of death, his dependents, need not elect whether to take compensation and medical benefits under this chapter or to pursue his remedy against such other but may take such compensation and medical benefits and at any time either prior thereto or within six months after the awarding of compensation or within nine months after

  14. Section 2 - Definitions

    N.Y. Workers' Comp. Law § 2   Cited 218 times

    1. "Hazardous employment" means a work or occupation described in section three of this chapter. 2. "Department" means the department of labor of the state of New York; "Chairman" means the chairman of the workmen's compensation board of the state of New York; "Commissioner" means the industrial commissioner of the state of New York; "Board" means the workmen's compensation board of the state of New York; "Commissioners" means the commissioners of the state insurance fund of the department of labor

  15. Section 60-1.1 - Mandatory provisions

    N.Y. Comp. Codes R. & Regs. tit. 11 § 60-1.1   Cited 61 times
    Requiring automobile insurers to defend after exhaustion of the policy limits