City of N.Y. v. Consol. Edison Co. of N.Y

Full title: CITY OF NEW YORK, Appellant, v. CONSOLIDATED EDISON COMPANY OF NEW YORK…

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

Date published: Nov 4, 1993

198 A.D.2d 31 (N.Y. App. Div. 1993)

603 N.Y.S.2d 47

Opinion

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.