Leahey v. Alcan Rolled Products Co.

Appellate Division of the Supreme Court of New York

Leahey v. Alcan Rolled Products Co.

233 A.D.2d 851, 649 N.Y.S.2d 855, 1996 N.Y. App. Div. LEXIS 13320

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

DecidedNovember 8, 1996

DocketAppeal No. 1

StatusPublished

This text of 233 A.D.2d 851 (Leahey v. Alcan Rolled Products Co.) 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

Leahey v. Alcan Rolled Products Co., 233 A.D.2d 851, 649 N.Y.S.2d 855, 1996 N.Y. App. Div. LEXIS 13320 (N.Y. Ct. App. 1996).

Pincite

Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant third-party plaintiff, Alcan Rolled Products Company, Inc. (Alcan), for summary judgment on the issue of contractual indemnification. There is an issue of fact whether Alcan, the owner of the building, was negligent. If so, Alcan may not seek indemnification for its own negligence (see, Brown v Two Exch. Plaza Partners, 76 NY2d 172, 180; see also, General Obligations Law § 5-322.1; Spoto v S.DR. Constr., 226 AD2d 202). (Appeal from Order of Supreme Court, Oswego County, Hurlbutt, J.—Summary Judgment.) Present—Pine, J. P., Lawton, Fallon, Balio and Davis, JJ.

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Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant third-party plaintiff, Alcan Rolled Products Company, Inc. (Alcan), for summary judgment on the issue of contractual indemnification. There is an issue of fact whether Alcan, the owner of the building, was negligent. If so, Alcan may not seek indemnification for its own negligence (see, Brown v Two Exch. Plaza Partners, 76 NY2d 172, 180; see also, General Obligations Law § 5-322.1; Spoto v S.DR. Constr., 226 AD2d 202). (Appeal from Order of Supreme Court, Oswego County, Hurlbutt, J.—Summary Judgment.) Present—Pine, J. P., Lawton, Fallon, Balio and Davis, JJ.

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Bluebook (online)

233 A.D.2d 851, 649 N.Y.S.2d 855, 1996 N.Y. App. Div. LEXIS 13320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leahey-v-alcan-rolled-products-co-nyappdiv-1996.

Opinion

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