 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Fernandez v. Suffolk County Water Authority7/31/2000
the plaintiffs' allegations against SCWA and Tank do not rise to this level. Further, Public Authorities Law § 1077(1) expressly states that the SCWA shall constitute a public benefit corporation (cf., Gordon J. Phillips Inc. v Maume, 174 AD2d 986). Accordingly, SCWA is immune from claims for punitive damages (see, Clark-Fitzpatrick Inc. v Long Is. R.R., Co., 70 NY2d 382).
Contrary to Tank's contentions, there are triable issues of fact as to the extent of its control and supervision over the work performed at the site, and whether it can be held liable for the plaintiffs' injuries (cf., Giordano v Seeyle, Stevenson & Knight, 216 AD2d 439; Prado v Bowne & Sons, 207 AD2d 875). Further, there are triable issues of fact precluding summary judgment with respect to the claims for common-law and contractual indemnification (see, CPLR 3212 ).
O'BRIEN, J.P., THOMPSON, ALTMAN and FRIEDMANN, JJ., concur.
|