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MEDINA v. NEW YORK ELEVATOR CO., INC.

250 A.D.2d 656 (1998)

671 N.Y.S.2d 691

Martha Medina, Plaintiff, v. New York Elevator Co., Inc., Respondent, and Cushman & Wakefield, Inc., Appellant. (And a Third-Party Action.)

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

May 11, 1998

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that a resolution of the issue of the respondent's duty to indemnify the appellant must await a determination as to whether the plaintiff's injuries were caused by any negligence on the part of the respondent (see, Bermudez v New York City Hous. Auth., 199 A.D.2d 356; Cichon v Brista Estates...

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