Gavigan v. Zerlin

Appellate Division of the Supreme Court of New York

Gavigan v. Zerlin

269 A.D.2d 563, 703 N.Y.S.2d 273, 2000 N.Y. App. Div. LEXIS 2132

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

DecidedFebruary 28, 2000

StatusPublished

This text of 269 A.D.2d 563 (Gavigan v. Zerlin) 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

Gavigan v. Zerlin, 269 A.D.2d 563, 703 N.Y.S.2d 273, 2000 N.Y. App. Div. LEXIS 2132 (N.Y. Ct. App. 2000).

Pincite

Opinion

—In an action to recover damages for personal injuries, the defendants Sheila Molyneaux, RNCS, a/k/a Sheila Molyneaux, R.N., and Long Island Jewish Hillside Medical Center, a/k/a Long Island Jewish Medical Center, appeal from an order of the Supreme Court, Nassau County (Lockman, J.), entered May 27, 1999, which denied their motion for partial summary judgment on so much of their cross claim against the defendant Adelphi University which was for contractual indemnification of any expenses arising out of this action.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff was allegedly injured when a nursing student from the defendant Adelphi University (hereinafter Adelphi), who was participating in a clinical internship established by [564]*564“education affiliation” agreements with Long Island Jewish Medical Center (hereinafter LIJMC), negligently treated him. In addition to the student, the plaintiff sued LIJMC and one of its employees under a theory of negligent supervision. LIJMC and the employee sought contractual indemnification from Adelphi for the expenses arising out of this action, including any damages awarded to the plaintiff, legal fees, and all costs associated with the litigation, pursuant to clauses contained in their agreements.

Contrary to the court’s determination, viewing the agreements in their entirety, the indemnification clauses state in clear and unequivocal language that Adelphi must indemnify LIJMC for all costs and damages arising from the actions of any Adelphi student who participated in the clinic internship program, including acts determined to be caused by the negligent supervision of the student by LIJMC and/or its employees (see, Margolin v New York Life Ins. Co., 32 NY2d 149; Levine v Shell Oil Co., 28 NY2d 205; cf., Monti v Harran Transp. Co., 266 AD2d 440). Therefore, the motion for partial summary judgment on behalf of LIJMC and its employee must be granted, and Adelphi must indemnify LIJMC and its employee for damages and costs, including legal fees, associated with this lawsuit. Thompson, J. P., Sullivan, Krausman and Smith, JJ., concur.

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—In an action to recover damages for personal injuries, the defendants Sheila Molyneaux, RNCS, a/k/a Sheila Molyneaux, R.N., and Long Island Jewish Hillside Medical Center, a/k/a Long Island Jewish Medical Center, appeal from an order of the Supreme Court, Nassau County (Lockman, J.), entered May 27, 1999, which denied their motion for partial summary judgment on so much of their cross claim against the defendant Adelphi University which was for contractual indemnification of any expenses arising out of this action.

Ordered that the order is reversed, on the law, with costs, and the motion is granted.

The plaintiff was allegedly injured when a nursing student from the defendant Adelphi University (hereinafter Adelphi), who was participating in a clinical internship established by [564]*564“education affiliation” agreements with Long Island Jewish Medical Center (hereinafter LIJMC), negligently treated him. In addition to the student, the plaintiff sued LIJMC and one of its employees under a theory of negligent supervision. LIJMC and the employee sought contractual indemnification from Adelphi for the expenses arising out of this action, including any damages awarded to the plaintiff, legal fees, and all costs associated with the litigation, pursuant to clauses contained in their agreements.

Contrary to the court’s determination, viewing the agreements in their entirety, the indemnification clauses state in clear and unequivocal language that Adelphi must indemnify LIJMC for all costs and damages arising from the actions of any Adelphi student who participated in the clinic internship program, including acts determined to be caused by the negligent supervision of the student by LIJMC and/or its employees (see, Margolin v New York Life Ins. Co., 32 NY2d 149; Levine v Shell Oil Co., 28 NY2d 205; cf., Monti v Harran Transp. Co., 266 AD2d 440). Therefore, the motion for partial summary judgment on behalf of LIJMC and its employee must be granted, and Adelphi must indemnify LIJMC and its employee for damages and costs, including legal fees, associated with this lawsuit. Thompson, J. P., Sullivan, Krausman and Smith, JJ., concur.

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Bluebook (online)

269 A.D.2d 563, 703 N.Y.S.2d 273, 2000 N.Y. App. Div. LEXIS 2132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gavigan-v-zerlin-nyappdiv-2000.

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