Fritz v. Sports Authority
Cases that cite this one
11 later published cases cite this decision.
- Alvarenga v. Castagna Realty Co., Inc. (Appellate Division of the Supreme Court of New York 2024)
- Murphy v. 80 Pine, LLC (Appellate Division of the Supreme Court of New York 2022)
- Palaguachi v. Idlewild 228th St., LLC (Appellate Division of the Supreme Court of New York 2021)
- Flossos v. Waterside Redevelopment Co. (Appellate Division of the Supreme Court of New York 2013)
- Flossos v. Waterside Redevelopment Co. (Appellate Division of the Supreme Court of New York 2013)
- Dautaj v. Alliance Elevator Co. (Appellate Division of the Supreme Court of New York 2013)
- Dautaj v. Alliance Elevator Co. (Appellate Division of the Supreme Court of New York 2013)
- Oakes v. Wal-Mart Real Estate Business Trust (Appellate Division of the Supreme Court of New York 2012)
- Oakes v. Wal-Mart Real Estate Business Trust (Appellate Division of the Supreme Court of New York 2012)
- Robles v. Bruhns (Appellate Division of the Supreme Court of New York 2012)
- Robles v. Bruhns (Appellate Division of the Supreme Court of New York 2012)
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 Supreme Court properly denied that branch of the appellants’ motion which was for summary judgment on the third-party cause of action by Sports Authority and Sons Riverhead, LLC (hereinafter together Sports), against the third-party defendant Roland’s Electric, Inc. (hereinafter Roland’s), for contractual indemnification and on the second third-party cause of action asserted by C&G Developer’s, Inc., against the third-party defendant/second third-party defendant-respondent Giaquinto Masonry, Inc., for contractual indemnification, as there are triable issues of fact as to whose negligence, if anyone’s, caused the plaintiffs accident (see Erickson v Cross Ready Mix, Inc., 75 AD3d 519, 524 [2010]; George v Marshalls of MA, Inc., 61 AD3d 925, 930 [2009]; Chun v Ecco III Enters.,
Similarly, the Supreme Court properly denied that branch of the appellants’ motion which was for summary judgment on Sports’s third-party cause of action against Shannon Construction of Long Island and Roland’s for common law indemnification, as the appellants failed to demonstrate, as a matter of law, that Sports was not negligent. Since the appellants failed to meet their prima facie burden, we need not review the sufficiency of the plaintiffs opposition papers (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]). Under these circumstances, it is also premature to reach the issue of common law indemnification (see e.g. Martinez v City of New York, 73 AD3d 993, 999 [2010]). Angiolillo, J.E, Lott, Austin and Cohen, JJ., concur. [Prior Case History: 2010 NY Slip Op 32465(U).]
Case-law data current through December 31, 2025. Source: CourtListener bulk data.