Summary
finding that statute did not provide a basis for indemnification, but rather only that a contractor was responsible for its own negligence
Summary of this case from Corwin v. NYC Bike Share, LLCOpinion
November 4, 1993
Appeal from the Supreme Court, New York County (Alice Schlesinger, J.).
The City is not entitled to indemnification from Con Ed; since the jury apportioned 40% of the fault against the City, common law indemnification is inapplicable (see, D'Ambrosio v City of New York, 55 N.Y.2d 454). Also, contrary to the City's claim, Administrative Code of the City of New York § 19-107 does not provide for indemnification for the City against Con Ed. That Administrative Code provision provides only that a contractor such as Con Ed is responsible for its own negligence (see, Petrucci v City of New York, 167 A.D.2d 29, 34).
Concur — Sullivan, J.P., Rosenberger, Ellerin and Wallach, JJ.