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GEORGE v. MARSHALLS OF MA, INC.

61 A.D.3d 931 (2009)

878 N.Y.S.2d 164

SHEILA GEORGE et al., Plaintiffs, v. MARSHALLS OF MA, INC., et al., Defendants, SULLIVAN SERVICE CO., INC., Respondent, and AMERICAN INDUSTRIAL CLEANING CO., INC., Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided April 28, 2009.

Ordered that the order is affirmed insofar as appealed from, with costs.

A court may render a conditional judgment on the issue of indemnity pending determination of the primary action in order that the indemnitee may obtain the earliest possible determination as to the extent to which he or she may expect to be reimbursed provided that there are no issues of fact concerning the indemnitee's active negligence (see Gil...

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