Coburn v. Genesee River Hotel, Inc.

Appellate Division of the Supreme Court of New York

Coburn v. Genesee River Hotel, Inc.

225 A.D.2d 1086, 639 N.Y.2d 756, 639 N.Y.S.2d 756, 1996 N.Y. App. Div. LEXIS 2952

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

DecidedMarch 8, 1996

StatusPublished

Cited by1 cases

This text of 225 A.D.2d 1086 (Coburn v. Genesee River Hotel, Inc.) 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.

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Coburn v. Genesee River Hotel, Inc., 225 A.D.2d 1086, 639 N.Y.2d 756, 639 N.Y.S.2d 756, 1996 N.Y. App. Div. LEXIS 2952 (N.Y. Ct. App. 1996).

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Opinion

Memorandum: Supreme Court properly denied the cross motion of defendant Barrington East Development, Ltd. (Barrington) for summary judgment on its cross claim for common-law indemnification against defendant Can-Am Roofing, Inc. Barrington failed to meet its burden of establishing, as a matter of law, that it did not direct, control or supervise the roofing work performed by plaintiff Craig Coburn (see, Edmond v Streeter Assocs., 207 AD2d 1005, 1006; Stevanoff v Boys & Girls Club, 191 AD2d 1037; cf., Damon v Starkweather, 185 AD2d 633). (Appeal from Order of Supreme Court, Monroe County, Siragusa, J. — Summary Judgment.) Present — Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.

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Memorandum: Supreme Court properly denied the cross motion of defendant Barrington East Development, Ltd. (Barrington) for summary judgment on its cross claim for common-law indemnification against defendant Can-Am Roofing, Inc. Barrington failed to meet its burden of establishing, as a matter of law, that it did not direct, control or supervise the roofing work performed by plaintiff Craig Coburn (see, Edmond v Streeter Assocs., 207 AD2d 1005, 1006; Stevanoff v Boys & Girls Club, 191 AD2d 1037; cf., Damon v Starkweather, 185 AD2d 633). (Appeal from Order of Supreme Court, Monroe County, Siragusa, J. — Summary Judgment.) Present — Green, J. P., Pine, Fallon, Callahan and Boehm, JJ.

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225 A.D.2d 1086, 639 N.Y.2d 756, 639 N.Y.S.2d 756, 1996 N.Y. App. Div. LEXIS 2952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coburn-v-genesee-river-hotel-inc-nyappdiv-1996.

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