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ODOM v. BRIDGE VIEW II COMPANY

291 A.D.2d 280 (2002)

737 N.Y.S.2d 287

WILLIAM ODOM et al., Respondents, v. BRIDGE VIEW II COMPANY, Appellant and START ELEVATORS INC., Respondent.

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

Decided February 14, 2002.

Since the record did not permit the motion court to conclude as a matter of law either that negligence by defendant Start proximately caused plaintiff's alleged injury or that defendant-appellant movant Bridge View was free of negligence in connection with plaintiff's harm, Bridge View's motion for summary judgment upon its claim for common-law indemnification from Start was properly denied (see, Correia v Professional Data Mgt., 259 A.D.2d 60

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