Kemp v. Lakelands Precast, Inc.
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Colyer v. K Mart Corp. (Appellate Division of the Supreme Court of New York 2000)
- Cabral v. Rockefeller Univ. (Appellate Division of the Supreme Court of New York 2023)
- Martinez v. 342 Property LLC (Appellate Division of the Supreme Court of New York 2011)
- Arteaga v. 231/249 W 39 Street Corp. (Appellate Division of the Supreme Court of New York 2007)
- Cohen v. Rockefeller Center, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Brickel v. Buffalo Municipal Housing Authority (Appellate Division of the Supreme Court of New York 2001)
- Felker v. Corning Inc. (N.Y. 1997)
- Clark v. 345 East 52nd St. Owners, Inc. (Appellate Division of the Supreme Court of New York 1997)
- Guillory v. Nautilus Real Estate, Inc. (Appellate Division of the Supreme Court of New York 1995)
- Gange v. Tilles Investment Co. (Appellate Division of the Supreme Court of New York 1995)
- Richardson v. Matarese (Appellate Division of the Supreme Court of New York 1994)
- Leon v. J & M Peppe Realty Corp. (Appellate Division of the Supreme Court of New York 1993)
- Damon v. Starkweather (Appellate Division of the Supreme Court of New York 1992)
- Cipolla v. S.M. Flickinger Co. (Appellate Division of the Supreme Court of New York 1991)
- Adams v. Fred Alvaro Construction Corp. (Appellate Division of the Supreme Court of New York 1990)
- Young v. Casabonne Bros. (Appellate Division of the Supreme Court of New York 1989)
- Edlin v. Glinsky (Appellate Division of the Supreme Court of New York 1989)
- Cox v. LaBarge Bros. (Appellate Division of the Supreme Court of New York 1989)
- Walsh v. Morse Diesel, Inc. (Appellate Division of the Supreme Court of New York 1988)
- Donner v. Morewood Realty Corp. (New York Supreme Court 1987)
- Kollmer v. Slater Electric, Inc. (Appellate Division of the Supreme Court of New York 1986)
- Rosado v. Proctor & Schwartz, Inc. (N.Y. 1985)
- Shufelt v. Niagara Mohawk Power Corp. (Appellate Division of the Supreme Court of New York 1985)
- Abram v. Lyon Steel Rigging Corp. (Appellate Division of the Supreme Court of New York 1985)
- Glielmi v. Toys "R" Us, Inc. (N.Y. 1984)
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
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) óf the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order modified, with costs to appellant, by (1) granting a new trial solely on the issue of defendant New York Telephone Company’s liability to plaintiffs, and (2) in the event New York Telephone is on such retrial found liable to plaintiffs, directing a verdict in its favor against Lakelands Precast, Inc., on the claim over in the full amount of the telephone company’s liability; and, as so modified, order affirmed. The trial court erred in refusing to charge contributory negligence as a bar to recovery by plaintiffs (see Long v Forest-Fehlhaber, 55 NY2d 220). Lakelands, not having appealed to this court, is not, however, entitled to a retrial as to liability. The telephone company’s liability to plaintiffs, if any, arises from the nondelegable duty imposed upon it by subdivision 6 of section 241 of the Labor Law. There being no evidence that it had authority to exercise or in fact did exercise control over the offloading of the vault by Lakelands’ employee in the course of which the plaintiff’s injury occurred, New York Telephone was entitled under principles of common-law indemnity to a directed verdict on its claim over.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.