VAIL v. 1333 BROADWAY ASSOCIATES, L.L.C.

9878, 307984/08, 84227/09.

105 A.D.3d 636 (2013)

963 N.Y.S.2d 647

2013 NY Slip Op 2821

KENNETH VAIL, Respondent, v. 1333 BROADWAY ASSOCIATES, L.L.C. et al., Appellants, et al., Defendants. 1333 BROADWAY ASSOCIATES, L.L.C., et al., Third-Party Plaintiffs-Appellants, v. SHERRY HILL PAINTING CORPORATION, Third-Party Defendant-Respondent.

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

Decided April 25, 2013.


Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered May 14, 2012, which, insofar as appealed from as limited by the briefs, granted plaintiff's motion for partial summary judgment on the issue of liability on his Labor Law § 240 (1) claim, and granted the motion of third-party defendant Sherry Hill Painting Corporation (Sherry Hill) for summary judgment dismissing the third-party contractual indemnification claim, unanimously affirmed, without costs.

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