AMERICAN EXPRESS COMPANY v. OGDEN ALLIED BUILDING AND AIRPORT SERVICES


267 A.D.2d 3 (1999)

698 N.Y.S.2d 859

AMERICAN EXPRESS COMPANY, Appellant, v. OGDEN ALLIED BUILDING AND AIRPORT SERVICES, Respondent, et al., Defendant.

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

Decided December 2, 1999.


Because plaintiff was neither a party to, nor a third-party beneficiary of, the agreement between defendant-respondent Ogden and Cushman & Wakefield, it cannot rely upon the indemnity provision of that agreement. Accordingly, plaintiff's claims for breach of contract and indemnification were properly dismissed. By a parity of reasoning, the claims for negligent hiring and supervision must be dismissed. Also proper was the IAS Court's dismissal of plaintiff's claim against...

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