Narrative Opinion Summary
The Supreme Court of New York County, presided by Justice Herman Cahn, issued an order on October 30, 1996, affirming the denial of summary judgment for third-party defendants, subcontractors Rosen, Morelli Masons, a Joint Venture, Royal Mason Associates, Inc., and Morelli Masons, Inc. The motion sought to dismiss the general contractor Tishman's claim for implied indemnification. The court found that the contract between Tishman and the plaintiff, Rockefeller University, which mandates Tishman to supervise and direct the work, does not preclude Tishman's claims against the subcontractors, a position previously upheld in related appeals. Rosen's evidence indicating Tishman's actual supervision was deemed insufficient to conclusively demonstrate that Tishman acted solely as Rosen's on-site supervisor rather than as an occasional advisor. The ruling was unanimous, with costs awarded to Tishman.
Legal Issues Addressed
Contractual Obligations and Implied Indemnificationsubscribe to see similar legal issues
Application: The contractual obligation of Tishman to supervise and direct the work does not negate its claim for implied indemnification against the subcontractors.
Reasoning: The court found that the contract between Tishman and the plaintiff, Rockefeller University, which mandates Tishman to supervise and direct the work, does not preclude Tishman's claims against the subcontractors, a position previously upheld in related appeals.
Evaluation of Evidence in Supervisory Rolesubscribe to see similar legal issues
Application: The evidence presented by Rosen was insufficient to establish that Tishman acted solely as the subcontractor's on-site supervisor.
Reasoning: Rosen's evidence indicating Tishman's actual supervision was deemed insufficient to conclusively demonstrate that Tishman acted solely as Rosen's on-site supervisor rather than as an occasional advisor.
Summary Judgment Denial in Implied Indemnification Claimssubscribe to see similar legal issues
Application: The court denied summary judgment for the third-party defendants, allowing the general contractor's claim for implied indemnification to proceed.
Reasoning: The Supreme Court of New York County, presided by Justice Herman Cahn, issued an order on October 30, 1996, affirming the denial of summary judgment for third-party defendants, subcontractors Rosen, Morelli Masons, a Joint Venture, Royal Mason Associates, Inc., and Morelli Masons, Inc.