NEW YORK v. DEFOE CORP.

2015-05920, Index No. 20821/13.

149 A.D.3d 889 (2017)

2017 NY Slip Op 02839

49 N.Y.S.3d 897

STATE OF NEW YORK, Respondent, v. DEFOE CORP. et al., Defendants, B & H ENGINEERING, P.C., et al., Respondents, and MUNOZ ENGINEERING, P.C., et al., Appellants.

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

Decided April 12, 2017.


Ordered that the order is affirmed, with one bill of costs payable to the plaintiff-respondent and the defendant-respondent B & H Engineering, P.C.

A party can establish its prima facie entitlement to judgment as a matter of law dismissing a claim for common-law indemnification and contribution asserted against it by establishing that it was not negligent, and that it did not have the authority to direct, supervise, or control the work giving rise to the injury...

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