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MASON v. FLAGER PARK ESTATES

298 A.D.2d 562 (2002)

748 N.Y.S.2d 680

CHARLES L. MASON et al., Plaintiffs, v. FLAGER PARK ESTATES, Defendant, and OTIS ELEVATOR COMPANY, Defendant and Third-Party Plaintiff-Respondent. PARK 36TH GARAGE CORP., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided October 28, 2002.

Ordered that the order is modified, as a matter of discretion, by deleting the provision thereof denying that branch of the motion which was for leave to serve an amended second third-party answer so as to include an affirmative defense of contractual indemnification, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The second third-party defendant, Park 36th Garage Corp...

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