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CORREIA v. PROFESSIONAL DATA

259 A.D.2d 60 (1999)

693 N.Y.S.2d 596

BENTO CORREIA et al., Respondents, v. PROFESSIONAL DATA MANAGEMENT, INC., et al., Appellants, et al., Defendant. GOTHAM CONSTRUCTION CORP., Third-Party Plaintiff-Appellant, v. CREATIVE FINISHES, LTD., Third-Party Defendant-Respondent.

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

July 29, 1999.

Attorney(s) appearing for the Case

Patricia A. Moores of counsel (Daniel F. Hayes and Peter Hoenig on the brief; Biedermann, Hoenig, Massamillo & Ruff, P. C., attorneys), for appellants and third-party plaintiff-appellant.

Paul Biedka of counsel (Samuel Hirsch, attorney), for respondents.

Kenneth A. Bernstein of counsel (Torino & Bernstein, P. C., attorneys), for third-party defendant-respondent.

NARDELLI, WILLIAMS and ANDRIAS, JJ., concur.

OPINION OF THE COURT

ELLERIN, P. J.

In this Labor Law § 240 (1) case, issues are raised with respect to the granting of summary judgment to plaintiff worker and the denial of summary judgment to appellant Gotham Construction Corp. (Gotham), the construction manager, on its contractual indemnity claim against its subcontractor Creative Finishes, Ltd. (Creative).

On March 14, 1995, plaintiff, a painter employed by third-party defendant Creative...

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