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CARUSO v. INHILCO, INC.

2 A.D.3d 662 (2003)

768 N.Y.S.2d 639

CALOGERO CARUSO et al., Respondents, v. INHILCO, INC., Defendant and Third-Party Plaintiff-Respondent. TRIAD PROJECT MANAGEMENT, INC., Third-Party Defendant-Appellant.

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

December 22, 2003.

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the third-party complaint is dismissed.

The defendant third-party plaintiff, Inhilco, Inc. (hereinafter Inhilco), was not entitled to contractual indemnification for its own negligence (see Itri Brick & Concrete Corp. v Aetna Cas. & Sur. Co., 89 N.Y.2d 786 [1997]; Carriere v Whiting Turner Contr., 299 A.D...

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