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IURATO v. CITY OF NEW YORK

18 A.D.3d 247 (2005)

793 N.Y.S.2d 915

THOMAS M. IURATO et al., Plaintiffs, v. CITY OF NEW YORK et al., Respondents, et al., Defendant. URS GREINER WOODWARD-CLYDE GROUP CONSULTANTS, Sued Herein as URS CORPORATION, Third-Party Plaintiff-Respondent, v. ABAX, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

May 10, 2005.

Abax's motion for summary judgment dismissing all claims against it was properly denied insofar as it has not been established which party placed the plastic underneath the ladder. If a jury determines that the general contractor's culpability is vicarious only, it may be entitled to contractual indemnification from Abax (De La Rosa v Philip Morris Mgt. Corp., 303 A.D.2d 190, 193 [2003]). The motion is thus premature with respect...

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