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PAYNE JR. v. 100 MOTOR PARKWAY ASSOCIATES, LLC

45 A.D.3d 550 (2007)

846 N.Y.S.2d 211

JOHN PAYNE, JR., Appellant-Respondent, v. 100 MOTOR PARKWAY ASSOCIATES, LLC, Defendant and Second Third-Party Plaintiff-Respondent-Appellant, TRITEC REAL ESTATE COMPANY, INC., Respondent-Appellant, TRITEC BUILDING, Defendant and Third-Party Paintiff-Respondent-Appellant, and DARR CONSTRUCTION EQUIPMENT CORP., Dendant and Third-Party Defendant-Respondent. GENERAL CONCRETE CONSTRUCTION, INC., Third-Party and Second Third-Party Defendant.

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

Decided November 7, 2007.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the cross motion of the defendant Tritec Real Estate Company, Inc., the defendant third-party plaintiff, Tritec Building Company, Inc., sued herein as Tritec Building, and the defendant second third-party plaintiff 100 Motor Parkway Associates, LLC, which was for summary judgment on their claims for contractual and commonlaw indemnification asserted against the defendant...

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