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GIANCOLA v. YALE CLUB OF N.Y. CITY

8142. 153082/13.

168 A.D.3d 539 (2019)

90 N.Y.S.3d 526

2019 NY Slip Op 00373

Christopher Giancola et al., Plaintiffs, v. The Yale Club of New York City, Defendant/Third-Party Plaintiff-Appellant. P.S. Marcato Elevator Co., Inc., Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided January 22, 2019.

Because the Yale Club failed to demonstrate that it was free from negligence in connection with plaintiff's fall through the cover of an escape hatch on its elevator, where plaintiff was working, the court correctly limited relief to conditional summary judgment on the Yale Club's claim for contractual indemnification (see Antoniak v P.S. Marcato El. Co., Inc., 144 A.D.3d 407, 408 [1st Dept 2016]; Auliano v 145 E. 15th St. Tenants...

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