W.W. GLASS SYS., INC. v. METAL SALES CO., INC.

8794, 400575/11, 590507/07, 590205/11.

101 A.D.3d 506 (2012)

956 N.Y.S.2d 22

2012 NY Slip Op 8648

W.W. GLASS SYSTEM, INC., Fourth-Party Plaintiff, v. METAL SALES CO., INC., Fourth-Party Defendant/Third Fourth-Party Plaintiff-Appellant. H.R.A.D. CONSTRUCTION CORP. et al., Third Fourth-Party Defendants-Respondents. (And Another Action.)

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

December 13, 2012.


The court correctly dismissed Metal Sales' common-law indemnification claims. Metal Sales failed to offer evidence showing that liability on its part, if any, was only vicarious vis-à-vis Total Safety or the H.R.A.D. defendants (see generally McDermott v City of New York, 50 N.Y.2d 211, 216-217 [1980]; Edge Mgt. Consulting, Inc. v Blank, 25 A.D.3d 364, 367 [1st Dept 2006], lv dismissed...

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