RAMOS v. DEGI DEUTSCHE GESELLSCHAFT FUER IMMOBILIENFONDS MBH


37 A.D.3d 802 (2007)

830 N.Y.S.2d 769

RAYMOND RAMOS, Respondent, v. DEGI DEUTSCHE GESELLSCHAFT FUER IMMOBILIENFONDS MBH, Defendant and Third-Party Plaintiff-Respondent, and JONES LANG LASALLE AMERICAS, INC., et al., Respondents. ADVANCE CONSTRUCTION CONCEPTS, INC., Third-Party Defendant-Appellant.

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

Decided February 27, 2007.


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

The Supreme Court properly denied that branch of the appellant's motion which was for summary judgment dismissing the third-party cause of action for contractual indemnification "with leave to renew when discovery, including examinations before trial of all parties, is complete." With regard thereto, summary judgment would have been premature since substantial discovery remained outstanding...

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