Appellate Division of the Supreme Court of New York, 1996

Sikorski v. Springbrook Fire District

Appellate Division of the Supreme Court of New York · Decided March 8, 1996

225 A.D.2d 1041; 639 N.Y.2d 226; 639 N.Y.S.2d 226; 1996 N.Y. App. Div. LEXIS 2863

Cases that cite this one

11 later published cases cite this decision.

Lopez v. Dagan (Appellate Division of the Supreme Court of New York 2012)
Lopez v. Dagan (Appellate Division of the Supreme Court of New York 2012)
Syracuse University v. Games 2002, LLC (Appellate Division of the Supreme Court of New York 2010)
Brummer v. Barnes Firm (Appellate Division of the Supreme Court of New York 2008)
Olney v. Ciminelli-Cowper Co. (Appellate Division of the Supreme Court of New York 1998)
Frank v. Meadowlakes Development Corp. (Appellate Division of the Supreme Court of New York 1998)
Dose v. Jenn-Matt Corp. (Appellate Division of the Supreme Court of New York 1997)
Clark v. 345 East 52nd St. Owners, Inc. (Appellate Division of the Supreme Court of New York 1997)
Smith v. Staten Theatre Group (Appellate Division of the Supreme Court of New York 1997)
Newell v. Almeter-Barry Construction Management, Inc. (Appellate Division of the Supreme Court of New York 1997)
Murray v. Niagara Frontier Transportation Authority (Appellate Division of the Supreme Court of New York 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

The court properly determined that Springbrook and Wailand are entitled to a conditional judgment against Sahlem Roofing and Siding, Inc. (Sahlem) for common-law indemnification. A vicariously liable party may obtain common-law indemnification from a contractor where the party did not control, direct, or supervise the injury-producing work and the contractor controlled and directed the performance of the plaintiff’s work (see, Stimson v Lapp Insulator Co., 186 AD2d 1052). There is no proof that Springbrook or Wailand controlled or supervised the roofing work performed by Sahlem. Additionally, the court properly determined that Springbrook and Wailand are entitled to a conditional judgment against Sahlem for contractual indemnification based on section 4.6.1 of the contract (see, Gillmore v Duke/ Fluor Daniel, 221 AD2d 938) (Appeals from Order of Supreme Court, Erie County, Mintz, J. — Labor Law.) Present — Denman, P. J., Green, Wesley, Balio and Davis, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.