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CAYTON v. CITY OF NEW YORK

202 A.D.2d 374 (1994)

612 N.Y.S.2d 830

John L. Cayton, Respondent, v. City of New York, Respondent and Third-Party Plaintiff-Respondent. Spearin, Preston & Burrows, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 31, 1994

The IAS Court correctly held that the Longshore and Harbor Workers' Compensation Act does not apply since the third-party claim for contractual indemnification is based on State law (Garvin v Alumax of S. C., 787 F.2d 910, 917, cert denied 479 U.S. 914). We need not decide whether the third-party claim could be maintained if the statute...

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