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PALOMEQUE v. CAPITAL IMPROVEMENT SERVS., LLC

2012-01579.

102 A.D.3d 934 (2013)

958 N.Y.S.2d 602

2013 NY Slip Op 466

JOHN PALOMEQUE et al., Plaintiffs, v. CAPITAL IMPROVEMENT SERVICES, LLC, Defendant/Third-Party Plaintiff-Respondent, et al., Defendant. KONSKER ELECTRIC CORP., Third-Party Defendant-Appellant.

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

Decided January 30, 2013.

Ordered that the order is affirmed, with costs.

The defendant/third-party plaintiff, Capital Improvement Services, LLC (hereinafter Capital), established its entitlement to judgment as a matter of law on its second cause of action in the third-party complaint, which sought contractual indemnification. Capital tendered the subcontract agreement, which provided for indemnification by the third-party defendant against liability...

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