Do Not Complain About What You Annex to Your Complaint
- May 5 2023
By Jonathan H. Freiberger Pursuant to CPLR 3014, inter alia, “[a] copy of any writing which is attached to a pleading is part thereof for all purposes.” Where “a copy …
Category: Contribution
Sometimes The Facts Are Just Not On Your Side
- Feb 24 2021
As the title of this article suggests, there are times in litigation where the facts simply do not support a claim or defense advanced by one or more of the …
Court Denies Motion to Dismiss Contractual Indemnification and Contribution Claims But Grants Motion With Regard to Equitable Indemnification Claim
- Apr 20 2020
It has been some time since this Blog examined claims for indemnification and contribution (See, e.g., here and here). In today’s post, we get the opportunity to examine these principles …
Contribution and Indemnity: Court Rejects Claims for Both
- Oct 15 2018
The distinction between common-law indemnification and contribution is important, though its application is often difficult to navigate. Glaser v. Fortunoff, 71 N.Y.2d 643, 646 (1988) (noting, “the distinction [between the …
