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WINTER v. ESRT EMPIRE STATE BLDG., LLC

2019-14439. Index No. 600134/15.

201 A.D.3d 844 (2022)

162 N.Y.S.3d 88

2022 NY Slip Op 00333

John Winter et al., Plaintiffs, v. ESRT Empire State Building, LLC, et al., Defendants/Third-Party Plaintiffs-Appellants. Otis Elevator Company, Defendant/Third-Party Defendant-Respondent.

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

Decided January 19, 2022.

Attorney(s) appearing for the Case

McNamara & Horowitz LLP, New York, NY ( David Paul Horowitz and Katryna L. Kristoferson of counsel), for defendant third-party defendant-appellant.

Dell & Dean, PLLC ( Joseph G. Dell and Mischel & Horn, P.C., New York, NY [ Scott T. Horn and Lauren Bryant ], of counsel), for plaintiffs-respondents.

Connolly, J.P., Hinds-Radix, Roman and Dowling, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the cross motion of the defendants/third-party plaintiffs which was for summary judgment on the third-party cause of action for contractual indemnification is granted to the extent of granting them conditional summary judgment on that third-party cause of action.

The plaintiff John Winter (hereinafter the injured plaintiff) allegedly was injured when he was struck...

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