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McHugh v. International Components Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1986
118 A.D.2d 762 (N.Y. App. Div. 1986)

Opinion

March 24, 1986

Appeal from the Supreme Court, Nassau County (McGinity, J.).


Order reversed, insofar as appealed from, with costs, and cross motion granted.

After settlement of a first-party action, a third-party complaint can stand only if it asserts a claim for indemnification, and not contribution (see, General Obligations Law § 15-108; McDermott v. City of New York, 50 N.Y.2d 211, 220; Riviello v. Waldron, 47 N.Y.2d 297, 306-307). The third-party complaint here, however, alleges only that the negligence of the third-party defendant was a cause of the injuries to the plaintiff and, therefore, fails to show that nexus between the liability of the third-party plaintiff and the wrongful act of the third-party defendant that is required to support an indemnification claim (see, Rosado v. Proctor Schwartz, 106 A.D.2d 27, affd 66 N.Y.2d 21; County of Westchester v. Becket Assoc., 102 A.D.2d 34, affd 66 N.Y.2d 642; Jakobleff v. Cerrato, Sweeney Cohn, 97 A.D.2d 786). The third-party complaint should, therefore, have been dismissed. Lazer, J.P., Thompson, Bracken and Rubin, JJ., concur.


Summaries of

McHugh v. International Components Corp.

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1986
118 A.D.2d 762 (N.Y. App. Div. 1986)
Case details for

McHugh v. International Components Corp.

Case Details

Full title:PATRICK McHUGH, Plaintiff, v. INTERNATIONAL COMPONENTS CORP., Defendant…

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

Date published: Mar 24, 1986

Citations

118 A.D.2d 762 (N.Y. App. Div. 1986)

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