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CONSOLIDATED RAIL CORP. v. HUNTS POINT TERMINAL PRODUCE COOPERATIVE ASSOCIATION, INC.

11 A.D.3d 341 (2004)

783 N.Y.S.2d 30

CONSOLIDATED RAIL CORPORATION, Appellant, v. HUNTS POINT TERMINAL PRODUCE COOPERATIVE ASSOCIATION, INC., Respondent.

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

October 19, 2004.

Plaintiff has no claim for common-law indemnification because its liability in the underlying settled personal injury action, if any, would not have been vicarious but would have been premised upon its own acts or omissions (see Guzman v Haven Plaza Hous. Dev. Fund Co., 69 N.Y.2d 559, 569 [1987]; Williams v New York City Tr. Auth., 9 A.D.3d 308 [2004]). The evidence establishes that plaintiff...

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