10 Cited authorities

  1. Brown v. Two Exch. Plaza

    76 N.Y.2d 172 (N.Y. 1990)   Cited 457 times
    Finding that “although there is no evidence of negligence on A & M's part, the indemnification agreement requires A & M to indemnify Fuller”
  2. Mendel v. Henry Phipps Plaza West, Inc.

    2006 N.Y. Slip Op. 1047 (N.Y. 2006)   Cited 117 times
    Holding that plaintiffs lacked standing to bring suit where agreement "explicitly negate[d] any intent to permit its enforcement by third parties such as plaintiffs"
  3. Encore Lake Grove Homeowners Ass'n, Inc. v. Cashin Assocs., P.C.

    111 A.D.3d 881 (N.Y. App. Div. 2013)   Cited 22 times

    2013-11-27 ENCORE LAKE GROVE HOMEOWNERS ASSOCIATION, INC., et al., appellants-respondents, v. CASHIN ASSOCIATES, P.C., respondent-appellant. Cohen & Warren, P.C., Smithtown, N.Y. (Evan M. Gitter of counsel), for appellants-respondents. Lewis Brisbois Bisgaard & Smith LLP, New York, N.Y. (David M. Pollack and Kenneth A. Sherman of counsel), for respondent-appellant. DANIEL D. ANGIOLILLO Cohen & Warren, P.C., Smithtown, N.Y. (Evan M. Gitter of counsel), for appellants-respondents. Lewis Brisbois Bisgaard

  4. Colozzo v. National Center Foundation, Inc.

    30 A.D.3d 251 (N.Y. App. Div. 2006)   Cited 30 times

    8801. June 15, 2006. Judgment, Supreme Court, New York County (Rosalyn Richter, J.), entered November 21, 2005, which, to the extent appealed from as limited by the brief, upon the grant of third-party plaintiff Tishman Construction Corporation's motion for summary judgment upon its claim for contractual indemnification, entitled Tishman to indemnification from third-party defendant Heritage Air Systems for any recovery against Tishman in the main action as well as attorneys' fees expenses, costs

  5. Fresco v. 157 East 72nd Street Condominium

    2 A.D.3d 326 (N.Y. App. Div. 2003)   Cited 32 times
    Finding that the plaintiff submitted no evidence that the defendant had the right to control his work, or in fact controlled the injury-producing activity
  6. Cen. Con. v. East N.Y

    79 A.D.3d 690 (N.Y. App. Div. 2010)   Cited 21 times   1 Legal Analyses
    In Centennial Contractors, even though the parties did not challenge whether the plaintiff was entitled to the attorney's fees where its insurer paid those amounts, the appellate court noted the fact that the plaintiff's insurer paid the attorney's fees. 79 A.D. 3d at 691.
  7. Finch, Pruyn Co. v. M. Wilson Control Serv

    239 A.D.2d 814 (N.Y. App. Div. 1997)   Cited 19 times
    Holding plaintiff manufacturer who hired electrician to perform services at plaintiff's power plant was third-party beneficiary to subcontract between electrician and mason, because subcontract necessarily required [mason] to "directly perform services at plaintiff's facility . . . in order to satisfy . . . obligations to plaintiff."
  8. Quevedo v. City of New York

    56 N.Y.2d 150 (N.Y. 1982)   Cited 34 times
    In Quevedo v City of New York (56 N.Y.2d 150), we held that because the statute as originally enacted prohibited indemnification agreements where the negligence of the general contractor was the sole cause of the injury, nothing prohibited indemnification agreements in cases of joint fault (56 N.Y.2d, at 156).
  9. Warnett v. A.J. Pegno Constr. Corp.

    1 A.D.3d 207 (N.Y. App. Div. 2003)   Cited 9 times

    2216 November 18, 2003. Order, Supreme Court, Bronx County (Stanley Green, J.), entered October 24, 2002, which granted the motion of defendant A.J. Pegno Construction for summary judgment on its claim for contractual indemnification from defendant Grace Industries, unanimously affirmed, with costs. Peter H. Cooper, for defendant-respondent. Arnold Stream, for defendant-appellant. Before: Saxe, J.P., Sullivan, Rosenberger, Friedman, Gonzalez, JJ. Plaintiff engineer was allegedly injured as he jumped

  10. Hoelle v. New York Equities Company

    258 A.D.2d 253 (N.Y. App. Div. 1999)   Cited 11 times

    February 2, 1999 Appeal from the Supreme Court, New York County (Emily Goodman, J.). The IAS Court properly granted third-party plaintiff general contractor's motion for summary judgment on its first cause of action for contractual indemnification against, appellant Ess Vee Acoustical Contractors. The indemnification provision in the subcontract requires that the subcontractor indemnify the general contractor for any claims arising out of the subcontractor's work. Here, while performing ceiling work