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PADILLA v. ABSOLUTE REALTY INC.

Index No. 24532/13E. Appeal No. 13959. Case No. 2020-04663.

195 A.D.3d 422 (2021)

2021 NY Slip Op 03416

Luis Padilla, Plaintiff, v. Absolute Realty Inc. et al., Respondents. Absolute Realty Inc., Third-Party Plaintiff-Respondent/Third Third-Party Plaintiff-Respondent, v. The Fiedler Companies, Inc., Third-Party Defendant-Respondent/Second Third-Party Plaintiff-Respondent. Cercone Exterior Restoration Corp., Second Third-Party Defendant-Appellant/Third Third-Party Defendant-Appellant.

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

Decided June 1, 2021.

Attorney(s) appearing for the Case

Gallo Vitucci Klar LLP, New York ( Andrew C. Kaye of counsel), for appellant.

McGaw, Alventosa & Zajac, Jericho ( Ross P. Masler of counsel), for Absolute Realty, Inc., respondent.

Kenney Shelton Liptak Nowak LLP, White Plains ( Deborah A. Summers of counsel), for The Fiedler Companies, Inc., respondent.

Concur—Gische, J.P., Webber, Singh, Kennedy, JJ.

Issues of fact as to Fiedler's negligence preclude dismissal of its claim against Cercone for contractual indemnification. This Court's previous finding that Fiedler was liable to defendant/third third-party plaintiff owner Absolute Realty Incorporated under common-law indemnification was based on Fiedler's actual exercise of supervision and control over Cercone's work (Padilla v Absolute Realty, Inc., 188 A.D.3d 608, 609 [1st Dept...

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