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FOX v. ASHLAND OIL, INC.

134 A.D.2d 850 (1987)

Theodore L. Fox et al., Plaintiffs, v. Ashland Oil, Inc., Defendant and Third-Party Plaintiff-Respondent. Union Boiler Company, Third-Party Defendant-Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 10, 1987

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Special Term erred in granting third-party plaintiff Ashland Oil, Inc. summary judgment on its contractual indemnification claim at this stage of the litigation. None of the three grounds advanced by Ashland supports such relief. General Obligations Law § 5-322.1 is potentially applicable (Quevedo v City of New York, 56 N.Y.2d 150

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