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Navallo v. American Standard, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 599 (N.Y. App. Div. 1996)

Opinion

February 20, 1996

Appeal from the Supreme Court, Richmond County (Cusick, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint of American Standard, Inc., d/b/a New Jersey Trane Service and the first cause of action of the third-party complaint of Bell Communications Research, Inc., s/h/a Bell Communications, Inc., are dismissed.

Under New York's choice of law rules, New Jersey law is applicable to bar the common-law contribution and implied indemnification claims interposed in the third-party actions by foreign domiciliaries against the injured plaintiff's employer Ogden Services Corporation d/b/a Ogden Allied Services Corporation and Ogden Allied Eastern States Maintenance (collectively referred to as Ogden) ( see, e.g., Padula v. Lilarn Props. Corp., 84 N.Y.2d 519, 521; Cooney v. Osgood Mach., 81 N.Y.2d 66, 73-74; Schultz v. Boy Scouts, 65 N.Y.2d 189, 194, 198-201; Neumeier v. Kuehner, 31 N.Y.2d 121; Reale v. Herco, Inc., 183 A.D.2d 163, 167; Roach v. McGuire Bennett, 146 A.D.2d 89, 91-93; Weisberg v. Layne-New York Co., 132 A.D.2d 550).

The application of New Jersey law to the common-law contribution and implied indemnity claims interposed against Ogden in the third-party complaints does not violate New York public policy and New York has only a minimal interest in determining the extent of the remedy in those actions ( see, e.g., Cooney v. Osgood Mach., supra). Therefore, the Supreme Court should have granted Ogden's summary judgment motion. Santucci, J.P., Krausman, Goldstein and Florio, JJ., concur.


Summaries of

Navallo v. American Standard, Inc.

Appellate Division of the Supreme Court of New York, Second Department
Feb 20, 1996
224 A.D.2d 599 (N.Y. App. Div. 1996)
Case details for

Navallo v. American Standard, Inc.

Case Details

Full title:JEFFREY NAVALLO et al., Plaintiffs, v. AMERICAN STANDARD, INC., Doing…

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

Date published: Feb 20, 1996

Citations

224 A.D.2d 599 (N.Y. App. Div. 1996)
639 N.Y.S.2d 393