Cayton v. City of New York

Appellate Division of the Supreme Court of New York

Cayton v. City of New York

202 A.D.2d 374, 612 N.Y.S.2d 830

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

DecidedMarch 31, 1994

StatusPublished

This text of 202 A.D.2d 374 (Cayton v. City of New York) 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

Cayton v. City of New York, 202 A.D.2d 374, 612 N.Y.S.2d 830 (N.Y. Ct. App. 1994).

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Opinion

—Order, Supreme Court, New York County (Eugene Nardelli, J.), entered February 2, 1993, which denied third-party defendant’s motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

[375]*375The IAS Court correctly held that the Longshore and Harbor Workers’ Compensation Act does not apply since the third-party claim for contractual indemnification is based on State law (Garvin v Alumax of S. C., 787 F2d 910, 917, cert denied 479 US 914). We need not decide whether the third-party claim could be maintained if the statute did apply. Concur — Carro, J. P., Rosenberger, Ross, Asch and Tom, JJ.

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—Order, Supreme Court, New York County (Eugene Nardelli, J.), entered February 2, 1993, which denied third-party defendant’s motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

[375]*375The IAS Court correctly held that the Longshore and Harbor Workers’ Compensation Act does not apply since the third-party claim for contractual indemnification is based on State law (Garvin v Alumax of S. C., 787 F2d 910, 917, cert denied 479 US 914). We need not decide whether the third-party claim could be maintained if the statute did apply. Concur — Carro, J. P., Rosenberger, Ross, Asch and Tom, JJ.

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Bluebook (online)

202 A.D.2d 374, 612 N.Y.S.2d 830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cayton-v-city-of-new-york-nyappdiv-1994.