Appellate Division of the Supreme Court of New York, 2001

Koss v. Board of Trustees of the Fashion Institute of Technology

Appellate Division of the Supreme Court of New York · Decided March 8, 2001

281 A.D.2d 200; 727 N.Y.S.2d 303; 2001 N.Y. App. Div. LEXIS 2207

Cases that cite this one

2 later published cases cite this decision.

Benjamin Shapiro Realty Co. v. Kemper National Insurance Companies (Appellate Division of the Supreme Court of New York 2003)
Sihly v. New York City Transit Authority (Appellate Division of the Supreme Court of New York 2001)

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

Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about August 24, 2000, which, to the extent appealed from, denied that part of third-party plaintiff’s motion seeking leave to amend the third-party complaint to add a cause of action for contractual indemnification, unanimously affirmed, without costs.

Since the agreement pursuant to which the third-party de*201fendant provided building and grounds services contains no indemnification provision, the third-party plaintiffs proposed cause of action for contractual indemnification was plainly without merit and, thus, leave to amend the third-party complaint so as to add the proposed cause for contractual indemnification was properly denied (see, Sharon Ava & Co. v Olympic Tower Assocs., 259 AD2d 315, 316). Concur — Sullivan, P. J., Rosenberger, Mazzarelli, Buckley and Friedman, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.