(Download) "Robert Smith v. Hooker Chemical And Plastics Corporation" by Supreme Court of New York " Book PDF Kindle ePub Free
eBook details
- Title: Robert Smith v. Hooker Chemical And Plastics Corporation
- Author : Supreme Court of New York
- Release Date : January 13, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 75 KB
Description
OPINION OF THE COURT In 1972 plaintiff, an employee of third-party defendant Steel Contracting Corp., was injured during the course of his employment when he fell while repairing the roof of a building owned by defendant Hooker Chemical and Plastics Corporation. He thereafter brought this action against defendant seeking damages in causes of action based on common-law negligence, violations of sections 200, 240, 241 of the Labor Law and the rules of the Board of Standards and Appeals, and breach of express and implied warranties by defendant that the premises were safe. Defendant, in turn, impleaded plaintiffs employer, the third-party defendant here, who answered the third-party complaint with a general denial. Subsequently, the employer moved to amend its answer pursuant to CPLR 1008 and 3025 to assert a cross claim seeking indemnity in whole or part from plaintiff, its employee. It contends that two recent appellate decisions permit it to do so (see Schwartz v Lipkin & Son, 76 A.D.2d 141; Mauro v McCrindle, 70 A.D.2d 77, affd 52 N.Y.2d 719). Special Term denied the motion and we affirm its order.