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DOE v. MADISON MEDICAL-THE PRIVATE PRACTICE GROUP OF NEW YORK, L.L.P.

21 A.D.3d 824 (2005)

800 N.Y.S.2d 844

JANE DOE, Respondent, v. MADISON MEDICAL-THE PRIVATE PRACTICE GROUP OF NEW YORK, L.L.P., et al., Appellants and Third-Party Plaintiffs-Appellants. AMERICAN BUILDING MAINTENANCE COMPANY, Third-Party Defendant-Respondent.

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

September 22, 2005.

Plaintiff's submissions presented a material issue of fact sufficient to defeat summary judgment dismissal at least with respect to the February 1, 1999 incident. Third-party defendant's motion was properly granted upon a sufficient showing, through the affidavit of its district manager, that the contract between the parties did not contain an indemnification...

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