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Common Law Indemnity – The Basics

(1 days ago) Common law indemnification claims can be confusing. Fortunately, the Appellate Division, Second Department in New York issued a decision earlier this week on March 6, 2019, in a construction context, providing a helpful review and concise analysis of New York law.

https://wssllp.com/common-law-indemnity-the-basics/

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Common Law Indemnification - A Primer Hurwitz & Fine, P.C.

(8 days ago) Indemnification, in general terms, is the right of one party to shift a loss to another and may be based upon an express contract or an implied obligation. Bellevue S. Assoc. v. HRH Constr. Corp., 78 N.Y.2d 282 (1991). Based on a separate duty owed the indemnitee by the indemnitor, common law indemnification, or implied indemnification, permits

https://www.hurwitzfine.com/blog/common-law-indemnification-a-primer

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Practice Tip: Common-Law Indemnification

(7 days ago) New York law applies. This article provides an in-depth discussion of the concept of common-law indemnification, using New York State to illustrate how the law has evolved in that state, from the inception of contribution as an available remedy through the present day interpretation by …

https://www.herrick.com/publications/practice-tip-common-law-indemnification/

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COMMON LAW INDEMNITY --- THE BASICS

(5 days ago) Common law indemnification claims can be confusing. Fortunately, the Appellate Division, Second Department in New York issued a decision earlier this week on March 6, 2019, in a construction

https://www.linkedin.com/pulse/common-law-indemnity-basics-kenneth-mclellan

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Indemnification - New York Litigation Guide

(9 days ago) Under New York law, a party seeking common law indemnity must establish:. (a) that the alleged indemnitor was actively at fault in bringing about the injury or damages at issue, and. (b) that the alleged indemnitee is vicariously liable therefor. . In re Sept. 11 Litig., 751 F.3d 86, 94 (2d Cir. 2014)

https://nylitguide.com/indemnification/

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NEW YORK PRACTICE: Common law indemnification.

(Just Now) Student note: Indemnity may be based on an express contract, but more commonly the indemnity obligation is implied, based on the law's notion of what is fair and proper as between the parties. Case: Lovino, Inc. v. Lavallee Law Offs., NY Slip Op 04977 (2d Dept. 2012). Here is the decision.

https://drdiekman.blogspot.com/2012/06/common-law-indemnification.html

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Court Finds Common Law Indemnification Unavailable Because

(6 days ago) Court Finds Common Law Indemnification Unavailable Because Movant Was an Alleged Wrongdoer Print Article. Posted on: Dec 19 2018 In the “classic indemnification case,” the one seeking indemnification “had committed no wrong, but by virtue of some relationship with the tort-feasor or obligation imposed by law, was nevertheless held liable to the injured party.”

https://fhnylaw.com/court-finds-common-law-indemnification-unavailable-movant-alleged-wrongdoer/

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Contribution and Indemnity: Court Rejects Claims for Both

(4 days ago) Contribution and Indemnity: Court Rejects Claims for Both. The distinction between common-law indemnification and contribution is important, though its application is often difficult to navigate. Glaser v. Fortunoff, 71 N.Y.2d 643, 646 (1988) (noting, “the distinction [between the concepts] is … critical,” although “the proper

https://fhnylaw.com/contribution-indemnity-court-rejects-claims/

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Indemnification Clauses in Commercial Contracts (NY

(9 days ago) A Practice Note discussing indemnification and defense provisions in commercial contracts under New York law. This Note defines indemnification and explains how parties often use indemnification to allocate risk. It discusses key issues including statutory and common law barriers to enforcement, defining the scope of the indemnity, limiting liability, and alternatives to indemnification.

https://content.next.westlaw.com/Document/Iec91dc7fa78c11e79bef99c0ee06c731/View/FullText.html?contextData=(sc.Default)

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NY Attorneys Join Webinar on Contractual and Common Law

(3 days ago) NY Attorneys Join Webinar on Contractual and Common Law Indemnity in Tort Actions July 16, 2021 Litchfield Cavo LLP attorneys Dana M. Catanzaro and Morgan E. Mueller will present in the upcoming webinar, “ Untangling the Mess: How to Make Sense of Contractual and Common Law Indemnity in Tort Actions ” hosted by the New York County Lawyers

https://www.litchfieldcavo.com/ny-attorneys-join-webinar-on-contractual-and-common-law-indemnity-in-tort-actions/

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INDEMNIFICATION AND CONTRIBUTION CLAIMS IN …

(4 days ago) there was no grave injury so the common law claims for contribution and common-law indemnity must be dismissed. As to the written contract for indemnity, the claims were based not on the sub-sub contract but on a promise found in the prime agreement between the subcontractor BTG, and Bovis to which Gessin was not a signatory.

https://nysba.org/WorkArea/DownloadAsset.aspx?id=69171

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CONTRIBUTION AND INDEMNITY: LEGAL REQUIREMENTS …

(8 days ago) indemnity are common law rights and are not allowed for voluntary payments. Contribution between joint tortfeasors, on the other hand, has become a statutory right in most states. B. NEW YORK Under New York law, “two or more persons who are subject to liability for damages for the same personal injury, injury to property or wrongful death

https://www.cozen.com/admin/files/publications/1486713.pdf

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Contractual Indemnity Provisions - Nisar Law Group, P.C.

(8 days ago) Thyssenkrupp sought both common-law and contractual indemnity from Macy’s. The court first analyzed the common-law indemnification claim under New York law. The rule was designed for the benefit of a party that was guilty of vicarious liability (liability for the action of another) without actual fault.

https://www.nisarlaw.com/blog/2013/september/contractual-indemnity-provisions/

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Claim for Common Law Indemnification Must Be Based on an

(8 days ago) Posted: April 9, 2018 / Categories Commercial, Indemnification and Advancement. Claim for Common Law Indemnification Must Be Based on an Agent's Negligence, Not Breach of Contract. On March 29, 2018, Justice Kornreich of the New York County Commercial Division issued a decision in W. & M. Operating, L.L.C. v. Bakhshi, 2018 NY Slip Op. 30542(U), dismissing a claim for common

https://www.schlamstone.com/blogs/commercial-division-blog/2018-04-09-claim-for-common-law-indemnification-must-be-based-on-an-agents-negligence-not-breach-of-contract/

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New York's Highest Court Permits Vicariously Liable Owner

(1 days ago) New York's Highest Court Permits Vicariously Liable Owner to Shift Entire Loss to Contractor under Common Law Indemnification. In Cunha v. City of New York, Plaintiff Severino Cunha, a laborer employed by JLJ Enterprises, Inc. ("JLJ"), the prime contractor of a project, alleged that he sustained personal injuries during reconstruction of a

https://www.barclaydamon.com/alerts/New-Yorks-Highest-Court-Permits-Vicariously-Liable-Owner-to-Shift-Entire-Loss-to-Contractor-under-Common-Law-Indemnification-11-09-2009

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Recent NY Case Regarding Cross-Claims For Common Law

(9 days ago) Recent NY Case Regarding Cross-Claims For Common Law Indemnification and Summary Judgment. In another recent snow and ice case, the Appellate Division, Second Department addressed the important standards for cross-claims for common-law indemnification and summary judgment asserted by a co-defendant.

https://lewisbrisbois.com/newsroom/articles/recent-ny-case-regarding-cross-claims-for-common-law-indemnification-and-su

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When Do Indemnity Claims for Product Liability Accrue?

(7 days ago) Common-Law Indemnity Claims in Product Liability Actions Contrary to the general rule that any arguable right to indemnification arises only after an indemnitee has made a payment, New Jersey applies the entire-controversy doc-trine to contribution and indemnification claims in prod-uct liability cases. The state Supreme Court has ruled that

https://jenner.com/system/assets/publications/908/original/Andrews_Litigation_Reporter_Richards_Suskin.pdf?1314006015

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UNDERSTANDING COMMON LAW INDEMNITY - Florida …

(3 days ago) Common law indemnification is a “common” third party claim in multi-party litigation, particularly construction defect litigation. For instance, if a general contractor is sued by an owner for defects, the contractor may third party in the applicable subcontractors and assert a common law indemnification theory against the subcontractors to flow through liability.

https://www.floridaconstructionlegalupdates.com/understanding-common-law-indemnity/

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Implied Contractual Indemnification Claim Sustained — New

(4 days ago) The court initially summarized the law of common law indemnification. Generally, a party cannot obtain this relief unless it has been held vicariously liable without any negligence on its part or by operation of law. Thus, a party who has itself breached a contract cannot successfully assert a claim for common law indemnification.

https://www.newyorkcommercialconstructionlawyer.com/implied-contractual-indemnification-claim-sustained/

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Common Law Indemnification Claim Dismissed Because Party

(8 days ago) On May 12, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Board of Mgrs. of the St. Tropez Condominium v. JMA Consultants, Inc., 2021 NY Slip Op. 31646(U), dismissing a common law indemnification claim because the party seeking indemnification was alleged to have participated in the wrongdoing, explaining:

https://www.schlamstone.com/blogs/commercial/2021-06-01-common-law-indemnification-claim-dismissed-because-party-seeking-indemnification-allegedly-participated-in-the-wrong-doing

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Attorneys' Fees And Indemnification In New York: How

(1 days ago) Mitchell, New York State's highest court decided that a property owner was not entitled to collect the legal fees it incurred in a common law indemnity action against the responsible party. In that case, a worker was injured when he fell off the roof of a building.

https://www.barclaydamon.com/alerts/Attorneys-Fees-And-Indemnification-In-New-York-How-Covered-Are-You-Really-11-20-20121

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State of New York Supreme Court, Appellate Division Third

(4 days ago) In State of New York v Stewart's Ice Cream Co. (supra at 88), the Court of Appeals determined that although the state's action for recoupment of cleanup costs arises out of the discharger's and the Fund's Navigation Law liability, it is an action for common-law indemnification governed by the six-year

http://decisions.courts.state.ny.us/ad3/decisions/2003/92728.pdf

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Pleading Equitable vs. Contractual Indemnification - New

(3 days ago) Can a claim for equitable or common-law indemnification co-exist with a claim for express or contractual indemnification? In Live Invest, Inc. v. Morgan Justice Emerson says “no”, when the claim seeks to recover for the defendant’s wrongdoing (e.g., breach of contract) as opposed to simply trying to hold a defendant liable based on vicarious liability.

https://www.nycomdiv.com/2017/10/pleading-equitable-vs-contractual-indemnification/

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Maximizing Contractual Indemnity Rights: Problems with

(9 days ago) Common law indemnity. Common law indemnity goes further than contribution. Common law indemnity allows an entirely faultless party whose exposure is purely vicarious to shift the risk of an adjudicated loss to another party, regardless of whether that Indemnitor was involved in the litigation. As with contribution, the conceptual remedy is flawed.

https://www.whiteandwilliams.com/resources-alerts-Maximizing-Contractual-Indemnity-Rights-Problems-With-Common-Law.html

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Contractual Indemnification in Labor Law §§ 240(1) and 200

(1 days ago) Where the owner and/or general contractor obtains dismissal of plaintiff’s Labor Law § 200 and common-law negligence claims, then both parties are entitled to contractual indemnification against the injured worker’s employer, regardless that the indemnity provision may have been in violation of the GOL § 5-322.1 (Mathews v Bank of America

https://www.hurwitzfine.com/blog/contractual-indemnification-in-labor-law-ssss-240-1-and-200-cases-and-the-different-applications-between-construction-contracts-

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NEW YORK Contract Law - New York State Bar Association

(Just Now) [II.15] 1. Will a Choice-of-Law Clause Choosing New York Law Be Given Effect if Neither the Parties nor Their Agreement Has Any Connection to New York? .. 40 [II.16] 2. Is a Choice-of-Law Clause Necessary to Have New York Law Govern a Contract or a Claim

https://nysba.org/4172NYContractLawNonNYAttorneys/

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ENGINEER’S CONTRACTUAL INDEMNITY CLAIM AGAINST …

(6 days ago) In County of Saratoga v.Delaware Engineering, D.P.C., 189 A.D.3d 1926, 139 N.Y.S.3d 381 (3d Dept 2020), the New York Supreme Court Appellate Division held that an engineer’s contractual indemnity claim against the contractor was due to be dismissed, as the indemnity provision unambiguously and expressly excluded claims for damage to the “work itself.”

https://lgwmlaw.com/news-media/ENGINEER%E2%80%99S-CONTRACTUAL-INDEMNITY-CLAIM-AGAINST-CONTRACTOR-DISMISSED%2C-AS-INDEMNIFICATION-AGREEMENT-EXCLUDED-CLAIMS-FOR-DAMAGES-TO-THE-WORK-ITSELF/

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Overview of New York Law on Contribution, Apportionment

(9 days ago) In 1974, the New York Legislature codified Dole v. Dow in Article 14 of the N.Y. Civ. Prac. Law and Rules (CPLR). CPLR §1401 “Claim for contribution. Except as provided in . sections 15-108. 2. and . 18-201 of the general obligations law, sections eleven and twenty-nine of the workers' compensation law, or the workers' compensation law of

http://static1.1.sqspcdn.com/static/f/964236/13249957/1311000113107/Overview+of+New+York+Law+on+Contribution.pdf?token=waQmhqEYCHuv8T4uGjKwyZ0VRlg%3D

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Saxe Doernberger & Vita, P.C. Contractual Indemnity: Anti

(9 days ago) Indemnity is a legal mechanism by which one party agrees to compensate another party for any loss, damage, or liability if a certain event or loss occurs. 1 There are different forms of indemnification, including both common law and statutory; but for the purposes of strategic risk transfer in the commercial context, contractual indemnification

https://www.sdvlaw.com/insights/contractual-indemnity-anti-indemnity-statutes-and-additional-insured-coverage

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NEW YORK CONSTRUCTION CLAIMS RESOURCES

(2 days ago) The statute of limitations on a claim for contractual or common law indemnity is six (6) years, CPLR §213 (2); McDermott v. City of New York, 428 N.Y.S.2d 643 (1980), and accrues when a judgment is entered or payment is made. Bay Ridge Air Rights Inc. v. State, 404 N.Y.S.2d 73 (1978).

https://wiki.theclm.org/Wiki/440

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General Contract Clauses: Indemnification (NY) Practical Law

(9 days ago) A Standard Clause providing for unilateral or mutual indemnification and defense in a sale of goods or services transaction governed by New York law. This Standard Clause addresses the duty to compensate and defend for losses incurred, with optional hold harmless language, common exceptions to indemnification, notice of indemnification, control of defense, a liability basket, a …

https://content.next.westlaw.com/Document/Ic2081277a0a611e38578f7ccc38dcbee/View/FullText.html?contextData=(sc.Default)

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Insurer’s Duties to Defend and Indemnify: New York

(4 days ago) contract law, common law, or statute? When each duty is triggered and when it arises. Whether the insured must tender the defense to the insurer and whether the insurer has the right to control the defense. Under New York law, the obligation to indemnify for damages and the obligation to defend against third-party suits are separate and

https://www.huntonak.com/en/insights/insurers-duties-to-defend-and-indemnify-new-york-practical-law.html

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motion to dismiss - Judiciary of New York

(6 days ago) indemnity for 835 6th Ave/ Carlisle sole negligence. TRANSEL’S MOTION FOR SUMMARY JUDGMENT 24. The Second Third-Party Complaint asserted four causes of action against second third-party defendants including breach of contract to procure to insurance, contractual indemnification, common law indemnification and contribution.

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=ZV9TQfalFEhTj75wXexH9w==

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Contractual Applications of Negligence/ Gross Negligence

(6 days ago) enforceable in New York in any event. While not completely certain, New York law does, however, appear to support the enforceability of contractual indemnification with respect to acts that might consti-tute gross negligence. The negligence/gross negligence debate should therefore continue to …

https://www.friedfrank.com/siteFiles/Publications/056EFA672B52519D1926370EFAF84809.pdf

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No. 91: Cunha v City of New York - law.cornell.edu

(7 days ago) We disagree with Haks that common-law indemnity does not lie because the City was never held to be vicariously liable to plaintiff by a judgment of the court. The fact that the City voluntarily elected to concede liability on the Labor Law § 241 (6) claim should not preclude an indemnification claim.

https://www.law.cornell.edu/nyctap/I09_0096.htm

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common law indemnity – Nystbo

(3 days ago) · Common law indemnification is a “common” third party claim in multi-party litigation, 30 N,2d 143 (1972), As a practical matter, To rely on an indemnity clause, 8 hours ago Hurwitzfine, common law indemnity, there are several issues with a contractor relying upon common-law indemnity as an avenue to transfer risk in construction cases

https://www.nystbo.co/common-law-indemnity/

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An Overview of Indemnification and the Duty to Defend

(2 days ago) Indemnity can take many forms, but the most common types of indemnity claims are comparative equitable indemnity (based on principles of fairness), implied contractual indemnity (implied from the terms of a contract) and express indemnity (stated within the “four corners” of a contract). Since express indemnity clauses often cause a

https://docs.acec.org/pub/DA77E02A-C742-9915-1727-73DF2CCC23B9

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New Hampshire Ins. Co. v JVA Indus. Inc. - US Law, Case

(4 days ago) With respect to the claims for common law contribution (second cause of action) and common law indemnification (third cause of action), absent a "grave injury" within the meaning of § 11 of the Workers' Compensation Law, there is no coverage for such claims under an Employers' Liability policy like the one issued by plaintiff.

https://law.justia.com/cases/new-york/other-courts/2017/2017-ny-slip-op-51355-u.html

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Gurewitz v City of New York :: 2019 - US Law, Case Law

(5 days ago) Gurewitz v City of New York - 2019 NY Slip Op 06384. Gurewitz v City of New York 2019 NY Slip Op 06384 Decided on August 28, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

https://law.justia.com/cases/new-york/appellate-division-second-department/2019/2017-01350.html

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New York's "Grave Injury" Exception Allows Third-Party

(6 days ago) New York's "Grave Injury" Exception Allows Third-Party Claims for Indemnification and Contribution Against the Employer. August 1, 2014 Greg Lois The New York Workers’ Compensation …

https://loisllc.com/new-york/new-yorks-grave-injury-exception-allows-third-party-claims-for-indemnification-and-contribution-against-the-employer/

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Coverage Counsel: Employers' Liability (1B) Coverage Not

(7 days ago) Welcome to Coverage Counsel, where we hope you will find timely and useful information regarding New York state and federal insurance coverage cases and issues. Coverage Counsel is brought to you by the law firm of MURA LAW GROUP, …

https://nycoveragecounsel.blogspot.com/2008/06/employers-liability-1b-coverage-not.html

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Display event - [WEBINAR] Untangling the Mess

(2 days ago) Join our panel of experts as they discuss indemnification, compensation for losses that a party has incurred or will incur as a result of a specific incident, resulting either from an indemnity clause in a contract or as a result of common law. NYCLA Member: $40 Non-member: $60

https://www.nycla.org/NYCLA/Events/Event_Display.aspx?EventKey=CLE072121

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NORTH STAR REINSURANCE CORPORATION, RESPONDENT- …

(7 days ago) While it is true that a common law indemnification claim arises when the party seeking indemnity --i.e., the owner-- has suffered an out-of-pocket loss (see, e.g., Bay Ridge Air Rights v State of New York, 44 NY2d 49, 54), the owner's insurer has paid the claim out of its pocket, and the owner may seek indemnification on behalf of its insurer

https://www.law.cornell.edu/nyctap/I93_0216.htm

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Display event - [WEBINAR] Untangling the Mess PART 2

(2 days ago) Join our panel of experts for PART 2 of the discussion on indemnification, compensation for losses that a party has incurred or will incur as a result of a specific incident, resulting either from an indemnity clause in a contract. or as a result of common law. Civil Ct. Section/ Sup. Ct. Comm./ Colombian Lawyers/Brehon Law Society: $25.

https://www.nycla.org/NYCLA/Events/Event_Display.aspx?EventKey=CLE111521

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