New York Court of Appeals· 6/28/2011
McCarthy v. Turner Construction, Inc.
Citations
- 953 N.E.2d 794
- 17 N.Y.3d 369
- 929 N.Y.S.2d 556
- 2011 NY Slip Op 5541
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that common-law indemnification is typically only available to a party who is held liable solely by operation of law or vicarious liability
- explaining that common- 3 The present case does not involve any claims for express contractual indemnification. law indemnification is typically only available to a party who is held liable solely by operation of law or vicarious liability
- “[A] party cannot obtain common-law indemnification unless it has been held to be vicariously liable without proof of any negligence or actual supervision on its own part.”
- implied indemnity may be imposed “upon those actively at fault in bringing about the injury” but “a party cannot obtain common-law indemnification unless it has been held to be vicariously liable without proof of any negligence or actual supervision on its own part”
- indemnification in personal injury action
Source: CourtListener parenthetical corpus (CC0).
Judges: Jones
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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