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GULOTTA v. BECHTEL CORP.

245 A.D.2d 75 (1997)

664 N.Y.S.2d 801

Matthew T. Gulotta et al., Plaintiffs, v. Bechtel Corporation, Also Known as Bechtel Park Towers, and as BPT Properties, L. P., et al., Defendants, and Lehrer McGovern Bovis, Appellant. Northberry Structures, Third-Party Plaintiff-Appellant, v. Northberry Corporation, Third-Party Defendant-Respondent. (And a Second Third-Party Action.)

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

December 9, 1997

A party held strictly liable under Labor Law § 240 may seek common-law indemnification from the party or parties actually responsible for the injured plaintiff's work and supervision thereof provided that the one seeking indemnity is not itself guilty of some negligence beyond the strict statutory liability (see, Kelly v Diesel Constr. Div., 35 N.Y.2d 1, 5). The motion court properly denied Northberry Structures' cross...

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