Schwartz v. Port Authority of New Jersey

Appellate Division of the Supreme Court of New York

Schwartz v. Port Authority of New Jersey

119 A.D.2d 816, 501 N.Y.S.2d 446, 1986 N.Y. App. Div. LEXIS 55758

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

DecidedApril 28, 1986

StatusPublished

This text of 119 A.D.2d 816 (Schwartz v. Port Authority of New Jersey) 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

Schwartz v. Port Authority of New Jersey, 119 A.D.2d 816, 501 N.Y.S.2d 446, 1986 N.Y. App. Div. LEXIS 55758 (N.Y. Ct. App. 1986).

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Opinion

— In an action to recover damages for negligence, the third-party defendant Inflight Motion Pictures, Inc., appeals from an order of the Supreme Court, Queens County (San[817]*817tucci, J.), dated December 17, 1984, which granted the motion of the defendant third-party plaintiff Trans World Airlines, Inc. for summary judgment against it and denied its cross motion for summary judgment against the defendant third-party plaintiff Trans World Airlines, Inc.

Order affirmed, with costs.

A review of the record demonstrates that it was the " 'unmistakable intent of the parties’ ” (see, Hogeland v Sibley, Lindsay & Curr Co., 42 NY2d 153, 158-159; see also, Levine v Shell Oil Co., 28 NY2d 205, 212) for the third-party defendant Inflight Motion Pictures, Inc. (hereinafter Inflight) to indemnify the third-party plaintiff Trans World Airlines, Inc. (hereinafter T.W.A.) even in the absence of negligence on the part of Inflight. Special Term therefore properly granted summary judgment in favor of T.W.A.

Accordingly, we affirm. Rubin, J. P., Lawrence, Eiber and Spatt, JJ., concur.

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— In an action to recover damages for negligence, the third-party defendant Inflight Motion Pictures, Inc., appeals from an order of the Supreme Court, Queens County (San[817]*817tucci, J.), dated December 17, 1984, which granted the motion of the defendant third-party plaintiff Trans World Airlines, Inc. for summary judgment against it and denied its cross motion for summary judgment against the defendant third-party plaintiff Trans World Airlines, Inc.

Order affirmed, with costs.

A review of the record demonstrates that it was the " 'unmistakable intent of the parties’ ” (see, Hogeland v Sibley, Lindsay & Curr Co., 42 NY2d 153, 158-159; see also, Levine v Shell Oil Co., 28 NY2d 205, 212) for the third-party defendant Inflight Motion Pictures, Inc. (hereinafter Inflight) to indemnify the third-party plaintiff Trans World Airlines, Inc. (hereinafter T.W.A.) even in the absence of negligence on the part of Inflight. Special Term therefore properly granted summary judgment in favor of T.W.A.

Accordingly, we affirm. Rubin, J. P., Lawrence, Eiber and Spatt, JJ., concur.

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119 A.D.2d 816, 501 N.Y.S.2d 446, 1986 N.Y. App. Div. LEXIS 55758, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schwartz-v-port-authority-of-new-jersey-nyappdiv-1986.

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