Espinal v. City of New York, 107 A.D.3d 411 (N.Y. App. Div. 2013). · Go Syfert
Espinal v. City of New York, 107 A.D.3d 411 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …the costs . . . incurred in defending themselves at p. 412 ≈ altered
16 citation events (16 in the last 25 years) across 3 distinct courts.
Strongest positive: Allen v. City of New York (nysupctnewyork, 2024-05-31)
Top citers, strongest first. 8 distinct citers. How cited ↗
cited Cited as authority (rule) Allen v. City of New York
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Plaza Partners, 76 NY2d 172, 178 [1990]; Espinal v City of New York, 107 AD3d 411,412 [1st Dept 2013]).
cited Cited as authority (rule) ALLEN v. City of New York
N.Y. Sup. Ct., New York Cty. · 2024 · confidence medium
Plaza Partners, 76 NY2d 172, 178 [1990]; Espinal v City of New York, 107 AD3d 411,412 [1st Dept 2013]).
cited Cited as authority (rule) Teshabaeva v. Family Home Care Servs. of Brooklyn & Queens, Inc.
N.Y. App. Div. · 2023 · confidence medium
The Confirmation Order does not constitute "new facts warranting renewal" ( Espinal v City of New York , 107 AD3d 411, 412 [1st Dept 2013]).
cited Cited as authority (rule) Teshabaeva v. Family Home Care Servs. of Brooklyn & Queens, Inc.
N.Y. App. Div. · 2023 · confidence medium
The Confirmation Order does not constitute "new facts warranting renewal" ( Espinal v City of New York , 107 AD3d 411, 412 [1st Dept 2013]).
discussed Cited as authority (rule) One Bryant Park v. Permasteelisa Cladding Tech., Ltd
N.Y. App. Div. · 2020 · confidence medium
This indemnification includes "the costs . . . incurred in defending [themselves]" against a personal injury claim, and "reasonable attorneys' fees" ( Espinal v City of New York , 107 AD3d 411, 412 [1st Dept 2013]).
discussed Cited as authority (rule) One Bryant Park v. Permasteelisa Cladding Tech., Ltd
N.Y. App. Div. · 2020 · confidence medium
This indemnification includes "the costs . . . incurred in defending [themselves]" against a personal injury claim, and "reasonable attorneys' fees" ( Espinal v City of New York , 107 AD3d 411, 412 [1st Dept 2013]).
discussed Cited "see, e.g." Roberts v. Weight Watchers International, Inc. (2×)
2d Cir. · 2017 · signal: see also · confidence low
App. 43; see also Espinal v. City of N.Y., 107 A.D.3d 411 , 967 N.Y.S.2d 29 , 30 (N.Y.
discussed Cited "see, e.g." Owsley v. Cordell-Reeh
N.Y. App. Div. · 2015 · signal: see also · confidence medium
Moreover, both the Referee and the motion court acknowledged that recoupment of such overpayments of add-on expenses was denied in the matrimonial action only in the absence of evidence that the mother “actively concealed” events that would have triggered cessation of the payments (see Coull v Rottman, 35 AD3d 198, 201 [1st Dept 2006], appeal dismissed 8 NY3d 903 [2007]; see also Katz v Katz, 55 AD3d 680, 683 [2d Dept 2008]). *522 Finally, to the extent that the mother seeks reversal of the order entered on or about June 17, 2013 which denied her motion to reargue certain parts of the cour…
Retrieving the full opinion text from the archive…
Reyna M. Espinal
v.
City of New York, and Time Warner Entertainment Company, L.P., Doing Business as Time Warner Cable through its New York City Division, Sued Herein as Time Warner Cable of NYC, Third-Party Plaintiff-Respondent. Hylan Datacom & Electrical Inc., Third-Party
Appellate Division of the Supreme Court of the State of New York.
Jun 4, 2013.
107 A.D.3d 411
Cited by 11 opinions  |  Published

[*412] Order, Supreme Court, New York County (Geoffrey D. Wright, J.), entered July 23, 2012, which, insofar as appealed from as limited by the briefs, granted the motion of third-party plaintiff (Time Warner) for summary judgment on its claim for contractual indemnification against third-party defendant (Hylan) and denied Hylan’s cross motion for summary judgment dismissing the contractual indemnification claim, unanimously affirmed, without costs. Order, same court and Justice, entered October 12, 2012, which, to the extent appealable, denied Hylan’s motion to, inter alia, renew, unanimously affirmed, and the appeal therefrom otherwise dismissed, without costs.

The subject indemnification clause provides that Hylan “shall indemnify, defend and hold harmless [Time Warner] . . . against and from: claims, demands, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees, court and other proceeding costs and all other costs incurred to enforce the indemnity granted in this Section) . . . threatened, brought or instituted, arising out of or in any way connected with the acts or omissions of [Hylan] . . . except to the extent attributable to the negligence of [Time Warner].” Such language is clear and unambiguous, and, pursuant thereto, Hylan is required to indemnify Time Warner for the costs it incurred in defending itself against plaintiffs claims, including reasonable attorneys’ fees (see Hooper Assoc. v AGS Computers, 74 NY2d 487, 491-492 [1989]).

Although Hylan is correct that its work did not cause or contribute to plaintiff’s accident, its work was connected to plaintiffs claim against Time Warner. Plaintiffs basis for naming Time Warner as a defendant was the permit that the Department of Transportation issued to Time Warner to perform work at the subject intersection, and it is undisputed that Hylan performed that work.

As to Hylan’s motion for renewal and reargument, no appeal lies from the denial of a motion to reargue (see Mejia-Ortiz v Inoa, 89 AD3d 514 [1st Dept 2011]), and Hylan’s reliance upon recently decided case law as constituting new facts warranting renewal is unavailing (compare CPLR 2221 [d] [2] with [e] [2]). Concur — Acosta, J.P., Saxe, Moskowitz, Freedman and Manzanet-Daniels, JJ.