Koss v. Board of Trustees of the Fashion Institute of Technology

Appellate Division of the Supreme Court of New York

Koss v. Board of Trustees of the Fashion Institute of Technology

281 A.D.2d 200, 727 N.Y.S.2d 303, 2001 N.Y. App. Div. LEXIS 2207

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

DecidedMarch 8, 2001

StatusPublished

Cited by2 cases

This text of 281 A.D.2d 200 (Koss v. Board of Trustees of the Fashion Institute of Technology) 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

Koss v. Board of Trustees of the Fashion Institute of Technology, 281 A.D.2d 200, 727 N.Y.S.2d 303, 2001 N.Y. App. Div. LEXIS 2207 (N.Y. Ct. App. 2001).

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Opinion

Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about August 24, 2000, which, to the extent appealed from, denied that part of third-party plaintiff’s motion seeking leave to amend the third-party complaint to add a cause of action for contractual indemnification, unanimously affirmed, without costs.

Since the agreement pursuant to which the third-party de[201]*201fendant provided building and grounds services contains no indemnification provision, the third-party plaintiffs proposed cause of action for contractual indemnification was plainly without merit and, thus, leave to amend the third-party complaint so as to add the proposed cause for contractual indemnification was properly denied (see, Sharon Ava & Co. v Olympic Tower Assocs., 259 AD2d 315, 316). Concur — Sullivan, P. J., Rosenberger, Mazzarelli, Buckley and Friedman, JJ.

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Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about August 24, 2000, which, to the extent appealed from, denied that part of third-party plaintiff’s motion seeking leave to amend the third-party complaint to add a cause of action for contractual indemnification, unanimously affirmed, without costs.

Since the agreement pursuant to which the third-party de[201]*201fendant provided building and grounds services contains no indemnification provision, the third-party plaintiffs proposed cause of action for contractual indemnification was plainly without merit and, thus, leave to amend the third-party complaint so as to add the proposed cause for contractual indemnification was properly denied (see, Sharon Ava & Co. v Olympic Tower Assocs., 259 AD2d 315, 316). Concur — Sullivan, P. J., Rosenberger, Mazzarelli, Buckley and Friedman, JJ.

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Bluebook (online)

281 A.D.2d 200, 727 N.Y.S.2d 303, 2001 N.Y. App. Div. LEXIS 2207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koss-v-board-of-trustees-of-the-fashion-institute-of-technology-nyappdiv-2001.

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