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HERNANDEZ v. TWO EAST END AVENUE APARTMENT CORPORATION

303 A.D.2d 556 (2003)

757 N.Y.S.2d 65

JAMES HERNANDEZ et al., Plaintiffs, v. TWO EAST END AVENUE APARTMENT CORPORATION et al., Defendants and Third-Party Plaintiffs-Respondents. LETTIRE CONSTRUCTION CORP., Third-Party Defendant-Appellant.

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

Decided March 17, 2003.

Ordered that the judgment is reversed, on the law, the motion of the defendant third-party plaintiff Mariano Construction Corp. is denied in its entirety, and that branch of the motion of the defendant third-party plaintiff Two East End Avenue Apartment Corp., which was for common-law indemnification is denied; and it is further,

Ordered that the matter is remitted to the Supreme Court, Kings County, for a new trial before...

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