§Why CasetextPricing

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

Brief

35 Cited authorities

  1. Raquet v. Braun

    90 N.Y.2d 177 (N.Y. 1997)   Cited 356 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. Billy v. Consolidated Mach

    51 N.Y.2d 152 (N.Y. 1980)   Cited 367 times   2 Legal Analyses
    Holding that fact that employer of plaintiff's fatally injured decedent was a wholly-owned subsidiary was insufficient in itself to support imposition of liability upon parent corporation for acts of subsidiary; liability required allegation that parent exercised necessary control over subsidiary

  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. Morris v. Snappy Car Rental

    84 N.Y.2d 21 (N.Y. 1994)   Cited 174 times   1 Legal Analyses
    Holding indemnification provision in automobile lease agreement was not void and unenforceable as part of adhesion contract where lessee was high school graduate who had attended college, nothing indicated lessee was prevented from reading agreement and requesting explanation of its contents, and lessee signed contract and initialed space next to disputed provision indicating she read and understood both

  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. Hassan v. Montuori

    99 N.Y.2d 348 (N.Y. 2003)   Cited 30 times

    15 Argued January 14, 2003. Decided February 18, 2003. APPEAL, by permission of the Appellate Division of the Supreme Court in the Second Judicial Department, from an order of that Court, entered February 4, 2002, which modified, on the law, and, as modified, affirmed so much of an order of the Supreme Court (John W. Burke, J.), entered in Nassau County, as denied the motion of defendant First Union Auto Finance, Inc. for summary judgment dismissing the complaint as against it, and denied the cross

  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. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,357 times   142 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  12. Section 905 - Exclusiveness of liability

    33 U.S.C. § 905   Cited 1,878 times   6 Legal Analyses
    Providing that the employer’s liability for covered injuries "shall be exclusive and in place of all other liability of such employer to the employee"

  13. Section 11 - Alternative remedy

    N.Y. Workers' Comp. Law § 11   Cited 1,868 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

  14. Section 29 - Remedies of employees; subrogation

    N.Y. Workers' Comp. Law § 29   Cited 1,057 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

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

    N.Y. Veh. & Traf. Law § 388   Cited 948 times
    Holding owner liable for negligence of any permissive user

  16. Section 904 - Liability for compensation

    33 U.S.C. § 904   Cited 292 times   2 Legal Analyses
    Establishing the employer's liability for compensation

  17. Section 1364 - Interference with foreign commerce by violence

    18 U.S.C. § 1364   Cited 5 times

    Whoever, with intent to prevent, interfere with, or obstruct or attempt to prevent, interfere with, or obstruct the exportation to foreign countries of articles from the United States, injures or destroys, by fire or explosives, such articles or the places where they may be while in such foreign commerce, shall be fined under this title or imprisoned not more than twenty years, or both. 18 U.S.C. § 1364 June 25, 1948, ch. 645, 62 Stat. 764; Pub. L. 103-322, title XXXIII, §330016(1)(L), Sept. 13,

  18. Section 500.27 - Discretionary proceedings to review certified questions from Federal courts and other courts of last resort

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.27   Cited 231 times   2 Legal Analyses
    Authorizing the New York Court of Appeals to review certain certified questions