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Rockefeller Univ. v. Tishman Const. Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 8, 1998
246 A.D.2d 339 (N.Y. App. Div. 1998)

Opinion

January 8, 1998

Appeal from the Supreme Court, New York County (Herman Cahn, J.).


Rosen's argument that the contract between Tishman and plaintiff owner Rockefeller University, which requires Tishman to supervise and direct the work, necessarily precludes Tishman's claims for implied indemnification against the subcontractors, has been considered and rejected by this Court on appeals taken by other subcontractors ( 240 A.D.2d 341; 244 A.D.2d 158). As for Rosen's evidence of Tishman's actual supervision of the former's work, we agree with the motion court that it does not conclusively show that Tishman's role was that of Rosen's on-site supervisor as opposed to an occasional advisor kept abreast of progress ( compare, supra, with 232 A.D.2d 155, 156, lv denied 89 N.Y.2d 811).

Concur — Rosenberger, J.P., Wallach, Rubin, Williams and Tom, JJ.


Summaries of

Rockefeller Univ. v. Tishman Const. Corp.

Appellate Division of the Supreme Court of New York, First Department
Jan 8, 1998
246 A.D.2d 339 (N.Y. App. Div. 1998)
Case details for

Rockefeller Univ. v. Tishman Const. Corp.

Case Details

Full title:ROCKEFELLER UNIVERSITY, Plaintiff, v. TISHMAN CONSTRUCTION CORPORATION OF…

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

Date published: Jan 8, 1998

Citations

246 A.D.2d 339 (N.Y. App. Div. 1998)
666 N.Y.S.2d 911