§Why CasetextPricing

Matthew Isabella et al., Plaintiffs, Doris A. Hallock et al., Third-Party Respondents,v.Michael W. Koubek, Third-Party Appellant.

Brief

15 Cited authorities

  1. Raquet v. Braun

    90 N.Y.2d 177 (N.Y. 1997)   Cited 355 times   1 Legal Analyses
    Explaining the distinction between liability based on a duty running to the injured party and common-law indemnification, which involves "a separate duty owed [to] the indemnitee by the indemnitor"

  2. Fung v. Japan Airlines Co.

    2007 N.Y. Slip Op. 9815 (N.Y. 2007)   Cited 176 times
    Considering “actual working relationship between that party and the purported ‘employee’ ”

  3. Nassau Roofing v. Dev. Corp.

    71 N.Y.2d 599 (N.Y. 1988)   Cited 240 times
    In Nassau Roofing Sheet Metal Co., Inc. v. Facilities Development Corp., 71 N.Y.2d 599, 528 N.Y.S.2d 516, 518, 523 N.E.2d 803, 805 (Ct.App. 1988), the Court of Appeal stated that § 1401's "essential requirement" is that the parties contributed to the same injury. Thus, there is no liability as a successive tortfeasor if the "claimed negligence of [the City] could not have augmented the damages for which [the Authority] may be held responsible."

  4. Murdza v. Zimmerman

    99 N.Y.2d 375 (N.Y. 2003)   Cited 125 times
    In Murdza, the Court of Appeals recognized that where the lessee of a rental vehicle permits another person to operate the vehicle, the rental company is deemed to have constructively consented to such use, even in a situation where such use violates the terms of the rental agreement executed by the lessor.

  5. Tikhonova v. Ford Motor Co.

    4 N.Y.3d 621 (N.Y. 2005)   Cited 32 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.

  6. Mowczan v. Bacon

    92 N.Y.2d 281 (N.Y. 1998)   Cited 41 times
    In Mowczan v Bacon (92 NY2d 281), the passenger sued the owner and operator of the vehicle in which he was riding, and they, in turn, brought a third-party action against the owner of the trailer portion of the other vehicle involved in the collision, who was vicariously liable under the Vehicle and Traffic Law, though the plaintiff had not sued him, and was legally foreclosed from doing so because the statute of limitations under the Vehicle and Traffic Law had run.

  7. Naso v. Lafata

    4 N.Y.2d 585 (N.Y. 1958)   Cited 94 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.

  8. Continental Auto Lease Corp. v. Campbell

    19 N.Y.2d 350 (N.Y. 1967)   Cited 68 times
    In Continental Auto Lease Corp. v. Campbell (19 N.Y.2d 350, 353) the court said: " Gochee v. Wagner (supra) makes it clear that the touchstone of imputed contributory negligence is the existence of a relationship between the owner of the vehicle and the operator such that the operator of the vehicle is subject to the owner's control.

  9. Rauch v. Jones

    4 N.Y.2d 592 (N.Y. 1958)   Cited 73 times
    In Rauch v. Jones, 4 N.Y.2d 592, 176 N.Y.S.2d 628, 152 N.E.2d 63 (1958), the Court of Appeals held that Section 29(6) prevented an injured plaintiff from suing the owner of a vehicle where, at the time of the accident, the vehicle was operated by a co-employee in the course of his employment, but the vehicle owner had no employment relationship with the plaintiff.

  10. Kenny v. Bacolo

    61 N.Y.2d 642 (N.Y. 1983)   Cited 27 times

    Argued October 17, 1983 Decided December 20, 1983 Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, CHARLES R. RUBIN, J. Alexander J. Wulwick, Louis G. Adolfsen and Salvatore A. Mazzoni for defendant and third-party plaintiff-appellant. Raymond C. Green for Atlantic Repair Co., Inc., third-party defendant-respondent. William F. Larkin and John P. Connors for Decker Tank Equipment Co. and another, third-party defendants-respondents. MEMORANDUM. The order of

  11. Section 11 - Alternative remedy

    N.Y. Workers' Comp. Law § 11   Cited 1,861 times   2 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 29 - Remedies of employees; subrogation

    N.Y. Workers' Comp. Law § 29   Cited 1,055 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

  13. Section 388 - Negligence in use or operation of vehicle attributable to owner

    N.Y. Veh. & Traf. Law § 388   Cited 946 times
    Holding owner liable for negligence of any permissive user