MEJIA v. AFRICAN METHODIST EPISCOPAL ALLEN CHURCH


271 A.D.2d 583 (2000)

706 N.Y.S.2d 450

IVAN MEJIA, Appellant-Respondent, v. AFRICAN METHODIST EPISCOPAL ALLEN CHURCH, Respondent-Appellant, and ARLEN CONTRACTING CORP., Respondent. (And a Third-Party Action.)

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

Decided April 17, 2000.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the cross motion which was for partial summary judgment against the defendant Arlen Contracting Corp. for common-law indemnification and substituting therefor a provision granting that branch of the cross motion; as so modified, the order is affirmed, without costs or disbursements.

Because the evidence establishes that the scaffold from which the plaintiff fell...

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