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RODRIGUEZ v. METRO. LIFE INS. CO.

234 A.D.2d 156 (1996)

651 N.Y.S.2d 475

Octavio N. Rodriguez, Plaintiff, v. Metropolitan Life Insurance Co., Defendant and Third-Party Plaintiff-Respondent, et al., Defendant. Ogden Allied Abatement and Decontamination Services, Inc., Third-Party Defendant-Respondent; A.K.S. Contractors, Third-Party Defendant-Appellant. (And Second Third-Party and Fourth-Party Actions.)

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

December 19, 1996

A.K.S.'s contention that principles of common-law indemnity are not applicable in the absence of a showing of negligence on its part is without merit. A subcontractor may be obligated to indemnify under the common law upon proof that its actual negligence caused an accident, but it can also be held liable where it "had the authority to direct, supervise and control the work giving rise to the injury" (Terranova v City of New York, 197 A.D.2d 402

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