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KITKAS v. WINDSOR PLACE CORP.

49 A.D.3d 607 (2008)

852 N.Y.S.2d 809

NIKOLAOS KITKAS, Respondent, v. WINDSOR PLACE CORP., Defendant and Third-Party Plaintiff-Respondent and Third Third-Party Plaintiff-Respondent, et al., Defendants. T & G CONTRACTING CORP., Third-Party Defendant and Second Third-Party Plaintiff-Respondent; BOCA ELECTRIC CORP., Second Third-Party Defendant and Third Third-Party Defendant-Appellant.

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

Decided March 11, 2008.

Ordered that the order is reversed, on the law, with one bill of costs payable by the respondents, and the matter is remitted to the Supreme Court, Queens County, for a determination on the merits of the motion of the second third-party defendant/third third-party defendant Boca Electric Corp. for summary judgment, in effect, dismissing all causes of action for contribution and common law indemnification asserted against it.

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