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KAY STEAKIN v. VOICESTREAM WIRELESS CORPORATION

39 A.D.3d 424 (2007)

832 N.Y.S.2d 805

MARY KAY STEAKIN, Individually and as Guardian Ad Litem of MICHAEL RECINE, Respondent-Appellant, v. VOICESTREAM WIRELESS CORPORATION et al., Appellants-Respondents, and CROSS STATE CONSTRUCTION, INC., Respondent-Appellant, et al., Defendants. CROSS STATE CONSTRUCTION CORP., Third-Party Plaintiff-Respondent, v. ELECTRICAL COMMUNICATIONS SERVICES, INC., Third-Party Defendant-Appellant. (And a Second Third-Party Action.)

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

Decided April 26, 2007.

Summary judgment was properly denied to all parties on the issue of liability, there being an issue of fact as to whether, inter alia, plaintiff's failure to use a furnished safety device was the sole proximate cause of the accident (see Blake v Neighborhood Hous. Servs. of N.Y. City, 1 N.Y.3d 280 [2003]). We modify as above indicated because the subject agreement, inter alia, limits Cross State's right to indemnification to ECS...

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