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BARNES v. NEW YORK CITY HOUSING AUTHORITY

43 A.D.3d 842 (2007)

841 N.Y.S.2d 379

ADELAIDE BARNES, Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY et al., Defendants. (And Third-Party Actions.) (Action No. 1.) GENEVA THREATS et al., Plaintiffs, v. NEW YORK CITY HOUSING AUTHORITY, Defendant and Third-Party Plaintiff, et al., Defendant. ADEL-FIA CONTRACTING, INC., et al., Third-Party Defendants; SEARS, INC., Third-Party Defendant-Appellant; PROFESSIONAL FLOOR COVERING INSTALLATION, INC., Third-Party Defendant-Respondent. (Action No. 2.) DEBORAH CAVALIERI et al., Plaintiffs, v. NEW YORK CITY HOUSING AUTHORITY, Defendant and Third-Party Plaintiff, et al., Defendant. ADEL-FIA CONTRACTING, INC., et al., Third-Party Defendants; SEARS, INC., Third-Party Defendant-Appellant; PROFESSIONAL FLOOR COVERING INSTALLATION, INC., Third-Party Defendant-Respondent. (Action No. 3.) CORI BOPP, Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY, Defendant and Third-Party Plaintiff, et al., Defendant. ADEL-FIA CONTRACTING, INC., et al., Third-Party Defendants; SEARS, INC., Third-Party Defendant-Appellant; PROFESSIONAL FLOOR COVERING INSTALLATION, INC., Third-Party Defendant-Respondent. (Action No. 4.) DOROTHY MEEHAN et al., Plaintiffs, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HOUSING AUTHORITY, Defendant and Third-Party Plaintiff. ADEL-FIA CONTRACTING, INC., et al., Third-Party Defendants; SEARS, INC., Third-Party Defendant-Appellant; PROFESSIONAL FLOOR COVERING INSTALLATION, INC., Third-Party Defendant-Respondent. (Action No. 5.) ANGEL MORALES, Plaintiff, v. CITY OF NEW YORK, Defendant, and NEW YORK CITY HOUSING AUTHORITY, Defendant and Third-Party Plaintiff. ADEL-FIA CONTRACTING, INC., et al., Third-Party Defendants; SEARS, INC., Third-Party Defendant-Appellant; PROFESSIONAL FLOOR COVERING INSTALLATION, INC., Third-Party Defendant-Respondent. (Action No. 6.) IRIS ANDERSON, Plaintiff, v. NEW YORK CITY HOUSING AUTHORITY, Defendant and Third-Party Plaintiff. IMPERIAL FIRE PROTECTION CORP. et al., Third-Party Defendants; PROFESSIONAL FLOOR COVERING INSTALLATION, INC., Third-Party Defendant-Respondent; SEARS, INC., Third-Party Defendants-Appellant, et al., Third-Party Defendants. (Action No. 7.)

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

Decided September 11, 2007.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the appellant's motion which was for summary judgment on its cross claims for contractual indemnification against Professional Floor Covering Installation, Inc., a third-party defendant in action Nos. 2, 3, 4, 5, 6, and 7 is granted.

On December 18, 1998 three New York City firefighters were killed and seven tenants injured as a result of a fire which

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