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LEAHEY v. ALCAN ROLLED PRODS. CO., INC.

233 A.D.2d 851 (1996)

649 N.Y.S.2d 855

Robert J. Leahey et al., Plaintiffs, v. Alcan Rolled Products Company, Inc., et al., Defendants Alcan Rolled Products Company, Inc., Third-Party Plaintiff-Appellant, v. Visconti Corporation, Third-Party Defendant-Respondent. (Appeal No. 1.)

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

November 8, 1996

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied the motion of defendant third-party plaintiff, Alcan Rolled Products Company, Inc. (Alcan), for summary judgment on the issue of contractual indemnification. There is an issue of fact whether Alcan, the owner of the building, was negligent. If so, Alcan may not seek indemnification for its own negligence (see, Brown v Two Exch. Plaza Partners,

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