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SCHULTZ v. HARRISON RADIATOR DIV., GEN. MOTORS CORP.

209 A.D.2d 956 (1994)

619 N.Y.S.2d 1017

Robert Schultz, Plaintiff, v. Harrison Radiator Division, General Motors Corporation, Defendant and Third-Party Plaintiff-Respondent. Commercial Painting Company, Third-Party Defendant-Appellant

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

November 16, 1994

Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly granted third-party plaintiff, Harrison Radiator Division, General Motors Corporation (Harrison), summary judgment on the issues of common-law and contractual indemnificacation. Third-party defendant, Commercial Painting Company (Commercial), failed to raise a genuine issue of fact regarding Harrison's entitlement to indemnification. It is undisputed that Harrison did not exercise any...

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