Mejia v. Levenbaum, 57 A.D.3d 216 (N.Y. App. Div. 2008). · Go Syfert
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Mejia v. Levenbaum, 57 A.D.3d 216 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
4 citation events across 2 distinct courts.
Strongest positive: Balta v. AYCO COMPANY, LP (nywd, 2009-05-20)
Top citers, strongest first. 1 distinct citer. How cited ↗
discussed Cited "see" Balta v. AYCO COMPANY, LP
W.D.N.Y. · 2009 · signal: see · confidence high
See, Buller v. Giorno, 57 A.D.3d 216 , 868 N.Y.S.2d 639 , 640 (1st Dept.2008) (“[T]he allegations of fraud are incidental to those of breach of fiduciary duty.”) (citations omitted); Rand Int’l Leisure Prods., Inc. v. Bruno, 22 Misc.3d 1111(A) , Slip Copy, 2009 WL 130136 at *5 (N.Y.
Retrieving the full opinion text from the archive…
Manuel Mejia
v.
Andrew R. Levenbaum, and Tam Restaurants, Inc.
Appellate Division of the Supreme Court of the State of New York.
Dec 2, 2008.
57 A.D.3d 216
Cited by 1 opinion  |  Published

This Court previously determined that Levenbaum bears no liability to plaintiff and that Plum Third, which is owned by Tam Restaurants, directed plaintiffs work at the time that he was injured (30 AD3d 262 [2006]). Accordingly, since Levenbaum is free from active negligence and Plum Third had direct control over the work giving rise to the injury, summary judgment on the issue of Levenbaum’s cross claim for common-law indemnification against Tam Restaurants was not premature (see Rodriguez v Metropolitan Life Ins. Co., 234 AD2d 156 [1996]; see also Tighe v Hennegan Constr. Co., Inc., 48 AD3d 201, 202 [2008]). Concur — Mazzarelli, J.P, Saxe, Catterson, Renwiek and Freedman, JJ.