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HOOGLAND v. TRANSPORT EXPRESSWAY, INC.

2008-05214.

72 A.D.3d 1026 (2010)

898 N.Y.S.2d 892

CYNTHIA HOOGLAND et al., Respondents, v. TRANSPORT EXPRESSWAY, INC., et al., Defendants, WALMART STORES EAST, INC., et al., Respondents, and FIDUCIE LOCATION PINARD, Appellant (And a Third-Party Action.) (Action No. 1.) DENISE MALKIN, Respondent, v. TRANSPORT EXPRESSWAY, INC., et al., Defendants, WALMART STORES EAST, INC., et al., Respondents, and FIDUCIE LOCATION PINARD, Appellant. (Action No. 2.)

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

Decided April 27, 2010.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant's contention, its cross claims for common-law indemnification were, in actuality, for contribution, and are therefore barred by General Obligations Law § 15-108 (c) (see Glaser v Fortunoff of Westbury Corp., 71 N.Y.2d 643, 646-647 [1988]).

Cross motion by the respondents Walmart Stores East...

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