American Express Co. v. Ogden Allied Building & Airport Services

Appellate Division of the Supreme Court of New York

American Express Co. v. Ogden Allied Building & Airport Services

267 A.D.2d 3, 698 N.Y.S.2d 859, 1999 N.Y. App. Div. LEXIS 12379

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 2, 1999

StatusPublished

This text of 267 A.D.2d 3 (American Express Co. v. Ogden Allied Building & Airport Services) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

American Express Co. v. Ogden Allied Building & Airport Services, 267 A.D.2d 3, 698 N.Y.S.2d 859, 1999 N.Y. App. Div. LEXIS 12379 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Order, Supreme Court, New York County (Edward Lehner, J.), entered May 27, 1998, which granted the motion of defendant-respondent Ogden Allied Building and Airport Services for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Because plaintiff was neither a party to, nor a third-party beneficiary of, the agreement between defendant-respondent Ogden and Cushman & Wakefield, it cannot rely upon the indemnity provision of that agreement. Accordingly, plaintiff’s claims for breach of contract and indemnification were properly dismissed. By a parity of reasoning, the claims for negligent hiring and supervision must be dismissed. Also proper was the IAS Court’s dismissal of plaintiff’s claim against Ogden [4]*4premised on the doctrine of respondeat superior, since the Ogden employee did not act within the scope of his employment when he purloined confidential credit card data from plaintiffs offices. Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Friedman, JJ.

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—Order, Supreme Court, New York County (Edward Lehner, J.), entered May 27, 1998, which granted the motion of defendant-respondent Ogden Allied Building and Airport Services for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.

Because plaintiff was neither a party to, nor a third-party beneficiary of, the agreement between defendant-respondent Ogden and Cushman & Wakefield, it cannot rely upon the indemnity provision of that agreement. Accordingly, plaintiff’s claims for breach of contract and indemnification were properly dismissed. By a parity of reasoning, the claims for negligent hiring and supervision must be dismissed. Also proper was the IAS Court’s dismissal of plaintiff’s claim against Ogden [4]*4premised on the doctrine of respondeat superior, since the Ogden employee did not act within the scope of his employment when he purloined confidential credit card data from plaintiffs offices. Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Friedman, JJ.

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Bluebook (online)

267 A.D.2d 3, 698 N.Y.S.2d 859, 1999 N.Y. App. Div. LEXIS 12379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-express-co-v-ogden-allied-building-airport-services-nyappdiv-1999.