Cayton v. City of New York

Full title: JOHN L. CAYTON, Respondent, v. CITY OF NEW YORK, Respondent and…

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

Date published: Mar 31, 1994

202 A.D.2d 374 (N.Y. App. Div. 1994)

612 N.Y.S.2d 830

Opinion

March 31, 1994

Appeal from the Supreme Court, New York County (Eugene Nardelli, J.).

The IAS Court correctly held that the Longshore and Harbor Workers' Compensation Act does not apply since the third-party claim for contractual indemnification is based on State law (Garvin v. Alumax of S.C., 787 F.2d 910, 917, cert denied 479 U.S. 914). We need not decide whether the third-party claim could be maintained if the statute did apply.

Concur — Carro, J.P., Rosenberger, Ross, Asch and Tom, JJ.