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WASEK v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

13736, 591183/09

123 A.D.3d 493 (2014)

998 N.Y.S.2d 361

2014 NY Slip Op 08586

MARCIEJ WASEK, Plaintiff, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION et al., Defendant and Third-Party Plaintiff-Appellants. CONSTRUCTION FORCE SERVICES, INC., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

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

Decided December 9, 2014.

The testimony provided by the third-party defendants that there was no agreement to procure insurance for third-party plaintiffs New York City Health & Hospitals Corporation (HHC) and/or the City of New York established their prima facie entitlement to summary judgment (see A & E Stores, Inc. v U.S. Team, Inc., 63 A.D.3d 486, 486 [1st Dept 2009]). The testimony provided by HHC's employee that it was his understanding that...

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