LAW.coLAW.co

Valerie Koss, Plaintiff, v. Board of Trustees of the Fashion Institute of Technology, Defendant and Third-Party Plaintiff-Appellant. Ogden Allied Building and Support Services, Third-Party Defendant-Respondent

New York Supreme Court, Appellate Division2001-03-08
281 A.D.2d 200727 N.Y.S.2d 303

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about August 24, 2000, which, to the extent appealed from, denied that part of third-party plaintiff’s motion seeking leave to amend the third-party complaint to add a cause of action for contractual indemnification, unanimously affirmed, without costs.

Since the agreement pursuant to which the third-party de fendant provided building and grounds services contains no indemnification provision, the third-party plaintiffs proposed cause of action for contractual indemnification was plainly without merit and, thus, leave to amend the third-party complaint so as to add the proposed cause for contractual indemnification was properly denied (see, Sharon Ava & Co. v Olympic Tower Assocs., 259 AD2d 315, 316). Concur — Sullivan, P. J., Rosenberger, Mazzarelli, Buckley and Friedman, JJ.