Egan v. City of New York

Appellate Division of the Supreme Court of New York

Egan v. City of New York

3 A.D.2d 827, 161 N.Y.S.2d 189, 1957 N.Y. App. Div. LEXIS 5841

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

DecidedApril 16, 1957

StatusPublished

This text of 3 A.D.2d 827 (Egan 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

Egan v. City of New York, 3 A.D.2d 827, 161 N.Y.S.2d 189, 1957 N.Y. App. Div. LEXIS 5841 (N.Y. Ct. App. 1957).

Pincite

Opinion

The pleadings in this ease are susceptible to proof at the trial that, while the city endeavored to have the general contractor perform in accordance with the scheduled progress, its efforts were not sufficient to absolve it of liability to the plaintiff. In such instance, the city might still have a valid claim over against the general contractor in view of the latter’s agreement “to indemnify and hold the City harmless” from claims of other contractors for damages sustained “through any act or omission” on its part. Therefore, the issue of liability over should be left to the trier of the facts (Cosgrove v. City Ice & Fuel Co., 275 App. Div. 1030). Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. Concur — Peek, P. J., Breitel, Prank, Yalente and McNally, JJ.

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The pleadings in this ease are susceptible to proof at the trial that, while the city endeavored to have the general contractor perform in accordance with the scheduled progress, its efforts were not sufficient to absolve it of liability to the plaintiff. In such instance, the city might still have a valid claim over against the general contractor in view of the latter’s agreement “to indemnify and hold the City harmless” from claims of other contractors for damages sustained “through any act or omission” on its part. Therefore, the issue of liability over should be left to the trier of the facts (Cosgrove v. City Ice & Fuel Co., 275 App. Div. 1030). Order unanimously reversed, with $20 costs and disbursements to the appellant, and the motion denied. Concur — Peek, P. J., Breitel, Prank, Yalente and McNally, JJ.

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Bluebook (online)

3 A.D.2d 827, 161 N.Y.S.2d 189, 1957 N.Y. App. Div. LEXIS 5841, Counsel Stack Legal Research, https://law.counselstack.com/opinion/egan-v-city-of-new-york-nyappdiv-1957.