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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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.