MARTE v. ST. JOHN'S UNIV.


249 A.D.2d 373 (1998)

671 N.Y.S.2d 495

Rafael Marte et al., Respondents, v. St. John's University, Defendant and Third-Party Plaintiff-Appellant. Barbaro Electric Company, Third-Party Defendant-Respondent

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

April 13, 1998


Ordered that the interlocutory judgment is reversed insofar as appealed from, on the law, with costs, and a new trial is granted on the issue of the proper apportionment of fault between the third-party plaintiff and the third-party defendant.

An owner who is found liable for a worker's damages under Labor Law § 240 (1) may, under certain circumstances, seek indemnification and/or contribution from the worker's employer (see, Chapel v Mitchell,...

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