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 13321

Appellate Division of the Supreme Court of the State of New York·Decided November 8, 1996·No. Appeal No. 2·Published

Opinion

Order unanimously affirmed without costs. Memorandum: Supreme Court properly granted the motion of defendant third-party plaintiff, Fluor Daniel, Inc. (Fluor Daniel), for summary judgment on the issue of contractual indemnification. The accident occurred during the performance of the contract while plaintiff Robert J. Leahey was traveling a [852] designated path to his work site. Fluor Daniel acted as the agent of the owner and undertook no duty with regard to the safety of the premises. The contractual provisions are not contrary to public policy because there was no negligence on the part of Fluor Daniel (see, Brown v Two Exch. Plaza Partners, 76 NY2d 172, 180-181; Connolly v Brooklyn Union Gas Co., 168 AD2d 477, Iv denied 78 NY2d 864). (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 granted the motion of defendant third-party plaintiff, Fluor Daniel, Inc. (Fluor Daniel), for summary judgment on the issue of contractual indemnification. The accident occurred during the performance of the contract while plaintiff Robert J. Leahey was traveling a [852] designated path to his work site. Fluor Daniel acted as the agent of the owner and undertook no duty with regard to the safety of the premises. The contractual provisions are not contrary to public policy because there was no negligence on the part of Fluor Daniel (see, Brown v Two Exch. Plaza Partners, 76 NY2d 172, 180-181; Connolly v Brooklyn Union Gas Co., 168 AD2d 477, Iv denied 78 NY2d 864). (Appeal from Order of Supreme Court, Oswego County, Hurlbutt, J.—Summary Judgment.) Present—Pine, J. P., Lawton, Fallon, Balio and Davis, JJ.

Leahey v. Alcan Rolled Products Co., 233 A.D.2d 851, 649 N.Y.S.2d 855, 1996 N.Y. App. Div. LEXIS 13321 (N.Y. Ct. App. 1996).

Pincite

233 A.D.2d 851 (Leahey v. Alcan Rolled Products Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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