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

Appellate Division of the Supreme Court of the State of New York·Decided March 31, 1994·Published

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.

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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