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HERNANDEZ v. WILLOUGHBY WALK APARTMENTS CORP.

2009-08933

71 A.D.3d 731 (2010)

896 N.Y.S.2d 441

MISAEL HERNANDEZ, Plaintiff, v. WILLOUGHBY WALK APARTMENTS CORP., Defendant, and WILLOUGHBY WALK COOPORATIVE APARTMENTS, INC., Defendant/Third-Party Plaintiff-Respondent. ROTECH ENTERPRISES, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendants.

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

Decided March 9, 2010.

Ordered that the order is modified, on the law, by adding a provision thereto that the denial, in effect, of that branch of the motion of the third-party defendant Rotech Enterprises, Inc., which was for summary judgment dismissing the third-party causes of action for contractual indemnification and to recover damages for breach of contract to procure insurance insofar as asserted against it, is without prejudice to renew upon the...

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