TYRRELL v. HOFFMAN


276 A.D.2d 393 (2000)

715 N.Y.S.2d 635

THOMAS TYRRELL et al., Plaintiffs, v. NED C. HOFFMAN, Respondent, and MICHAEL WARD, Appellant.

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

Decided October 24, 2000.


Summary judgment dismissing defendant-respondent contractor's cross claim for indemnification was properly denied. The movant, defendant-appellant subcontractor, failed to adduce evidence of negligence on the part of defendant-respondent contributing to plaintiffs' harm or evidence of his own freedom from negligence contributing to plaintiffs' harm, and thereby failed to make out a prima facie entitlement to judgment as a...

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