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WILLIAMS v. 461 EIGHTH AVENUE ASSOCIATES

277 A.D.2d 181 (2000)

716 N.Y.S.2d 656

RHODA WILLIAMS et al., Plaintiffs, v. 461 EIGHTH AVENUE ASSOCIATES et al., Appellants, and MILLAR ELEVATOR INDUSTRIES et al., Respondents.

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

Decided November 30, 2000.

461 Eighth Avenue Associates's motion for conditional summary judgment on its cross claim against defendant Millar Elevator Industries for contractual indemnification was properly denied since a material issue of fact exists concerning whether the contract 461 relies upon was in effect on the date of the plaintiff's accident. This issue was not resolved by the conclusory statement contained in the affidavit submitted by 461 that...

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