HART v. COMMACK HOTEL, LLC

2010-06782.

85 A.D.3d 1117 (2011)

927 N.Y.S.2d 111

2011 NY Slip Op 5668

THOMAS HART, Appellant-Respondent, v. COMMACK HOTEL, LLC, et al., Defendants/Third-Party Plaintiffs-Respondents-Appellants, et al., Defendant. HART ROOFING & WATERPROOFING, INC., Third-Party Defendant-Respondent.

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

Decided June 28, 2011.


Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendants/third-party plaintiffs' which was for summary judgment on the cause of action for conditional common-law indemnification and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable by the third-party defendant to the...

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