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McALLISTER v. CONSTRUCTION CONSULTANTS L.I., INC.

2010-00311.

83 A.D.3d 1013 (2011)

921 N.Y.S.2d 556

MICHAEL F. McALLISTER et al., Plaintiffs, v. CONSTRUCTION CONSULTANTS L.I., INC., Defendant/Third-Party Plaintiff-Respondent, et al., Defendant. C. GLASSER CONSTRUCTION CORP., Third-Party Defendant-Appellant.

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

Decided April 26, 2011.

Ordered that the order is reversed, on the law, with costs, and the motion of the defendant/third-party plaintiff for conditional summary judgment on its third-party cause of action for contractual indemnification is denied as premature.

"[A] party seeking contractual indemnification must prove itself free from negligence, because to the extent its negligence contributed to the accident, it cannot be indemnified therefor...

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