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ONE BRYANT PARK v. PERMASTEELISA CLADDING TECH., LTD.

450151/18. Appeal No. 12361. Case No. 2019-4944.

189 A.D.3d 584 (2020)

139 N.Y.S.3d 20

2020 NY Slip Op 07677

One Bryant Park et al., Appellants, v. Permasteelisa Cladding Technologies, Ltd, et al., Respondents.

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

Decided December 17, 2020.

Attorney(s) appearing for the Case

Mauro Lilling Naparty LLP, Woodbury ( Anthony F. DeStefano of counsel), for appellants.

Cullen & Dykman LLP, New York ( Adrienne Yaron of counsel), for respondents.

Concur—Kapnick, J.P., Mazzarelli, Moulton, Mendez, JJ.

As an initial matter, collateral estoppel does not bar plaintiffs from seeking indemnification and contribution, as the issue of defendants' and their subcontractor's negligence was not "raised, necessarily decided and material" to the underlying personal injury action of the subcontractor's employee against plaintiffs and an unrelated company (City of New York v Welsbach Elec. Corp., 9 N.Y.3d 124

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