VILORIO v. SUFFOLK Y JEWISH COMMUNITY CENTER, INC.


33 A.D.3d 696 (2006)

823 N.Y.S.2d 101

TIBERIO VILORIO, Plaintiff, v. SUFFOLK Y JEWISH COMMUNITY CENTER, INC., et al., Respondents, and EASTERN HORIZON LANDSCAPING, INC., Appellant.

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

Decided October 10, 2006.


Ordered that the order is affirmed insofar as appealed from, with costs.

Contrary to the contention of the defendant Eastern Horizon Landscaping, Inc. (hereinafter Eastern), the Supreme Court properly denied that branch of its motion which was for summary judgment dismissing the cross claim for common-law indemnification against it. Substantial factual issues exist regarding whether Eastern improperly performed its contractual snow plowing duties by piling snow up...

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