DIMAGGIO v. CHASE MANHATTAN BANK


266 A.D.2d 89 (1999)

698 N.Y.S.2d 656

MICHAEL DIMAGGIO, Plaintiff, v. CHASE MANHATTAN BANK et al., Defendants, STRUCTURE TONE CONSTRUCTION CO., INC., Respondent, and RAISED COMPUTER FLOORS, INC., Appellant. (And a Third-Party Action.)

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

Decided November 18, 1999.


The motion court erred in granting Structure's motion for partial summary judgment on its cross-claims. First, it was error to grant the motion as to the first, third and fourth crossclaims because the affidavit in support of the motion offered no evidentiary showing in support of those claims for indemnification, let alone "a prima facie showing of entitlement to judgment as a matter of law * * * sufficient * * * to demonstrate the absence of any material issues of fact...

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