Lipshultz v. K & G Industries, Inc.
Cases that cite this one
9 later published cases cite this decision.
- Tonking v. Port Authority of New York & New Jersey (Appellate Division of the Supreme Court of New York 2003)
- Firemen's Insurance Company of Washington, D.C. v. ACE American Insurance Company (District Court, W.D. New York 2020)
- Chong Fu Huang v. 57-63 Greene Realty, LLC (Appellate Division of the Supreme Court of New York 2019)
- Cano v. Mid-Valley Oil Co., Inc. (Appellate Division of the Supreme Court of New York 2017)
- Bush v. Mechanicville Warehouse Corp. (Appellate Division of the Supreme Court of New York 2010)
- O'Berg v. MacManus Group, Inc. (Appellate Division of the Supreme Court of New York 2006)
- Juncal v. W 12/14 Wall Acquisition Associates, LLC (Appellate Division of the Supreme Court of New York 2005)
- Linares v. United Management Corp. (Appellate Division of the Supreme Court of New York 2005)
- A.R. Mack Construction Co. v. Patricia Electric, Inc. (Appellate Division of the Supreme Court of New York 2004)
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
—In an action to recover damages for personal injuries, etc., the third-party defendant, Car-Win Industries, Inc., appeals from an order of the Supreme Court, Queens County (Posner, J.), dated May 3, 2001, as amended October 25, 2001, which denied its motion for summary judgment dismissing the cross claims of the defendant K & G Industries, Inc., insofar as asserted against it.
Ordered that the order, as amended, is reversed, on the law, the motion is granted, the cross claims of the defendant K & G Industries, Inc., insofar as asserted against the appellant are dismissed, and the cross claims of the defendant K & G Industries, Inc., insofar as asserted against the defendants Strescon Industries, Inc., and Brooklyn Park Deck Repair Company are severed; and it is further,
Ordered that the appellant is awarded one bill of costs payable by the defendant K & G Industries, Inc.
It is uncontroverted that the plaintiffs’ injuries did not fall within the definition of “grave injury” as defined by Workers’ Compensation Law § 11. Thus, that branch of the motion which was to dismiss the cross claims of the defendant K & G Industries, Inc. (hereinafter K & G), the project’s general contractor, for common-law indemnification and/or contribution insofar as asserted against the appellant should have been granted.
The Supreme Court also should have dismissed K & G’s cross claims for contractual indemnification and/or contribution insofar as asserted against the appellant. As the Court of Appeals stated in Hooper Assoc. v AGS Computers (74 NY2d 487, 491-492): ‘Words in a contract are to be construed to achieve the apparent purpose of the parties * * * This is particularly true with indemnity contracts. When a party is under no legal duty to indemnify, a contract assuming that obligation must be strictly construed to avoid reading into it a duty which the parties did not intend to be assumed * * * The promise should not be found unless it can be clearly implied from the language and purpose of the entire agreement and the surrounding facts and circumstances.” (See also Wisniewski v Kings Plaza Shopping Ctr. of Flatbush Ave., 279 AD2d 570, 571.) The language
Case-law data current through December 31, 2025. Source: CourtListener bulk data.