KOZLOWSKI v. GRAMMERCY HOUSE OWNERS CORP.


46 A.D.3d 756 (2007)

848 N.Y.S.2d 338

RONALD KOZLOWSKI, Respondent, v. GRAMMERCY HOUSE OWNERS CORP., Defendant and Third-Party Plaintiff-Respondent. NEW INDUSTRIES, INC., Third-Party Defendant-Appellant.

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

Decided December 18, 2007.


Ordered that the orders are reversed, on the law, with one bill of costs, the motion for summary judgment with respect to the Labor Law § 240 (1) cause of action is denied, and that branch of the defendant third-party plaintiff's motion which was for summary judgment against the third-party defendant with respect to the cause of action for contractual indemnification is denied.

On October 22, 2003 the plaintiff was working for Phillips Painting (hereinafter Phillips...

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