RODDY v. NEDERLANDER PRODUCING COMPANY OF AMERICA, INC.

7089, 113659/02.

93 A.D.3d 495 (2012)

940 N.Y.S.2d 77

2012 NY Slip Op 1783

PAT RODDY, Plaintiff, v. NEDERLANDER PRODUCING COMPANY OF AMERICA, INC., et al., Appellants, et al., Defendants. THE GERSHWIN THEATRE, Third-Party Plaintiff, v. ABHANN PRODUCTIONS, INC., Third-Party Defendant-Respondent.

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

Decided March 13, 2012.


Defense counsel admitted in prior motion papers that Nederlander could not assert a cross claim for contractual indemnification because it was not an indemnitee named in the license agreement for use of the theater. Moreover, Nederlander has not shown that it ever pleaded a cause of action for contractual indemnification against Abhann, and its motion, brought after years of litigation, is unsupported by any evidence in the record and prejudices plaintiff's interest in the...

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