Hyperlawhypertext legal databasebeta Taddeo v. 15 West 72nd Street Owners Corp. 268 A.D.2d 468

← Cases

Taddeo v. 15 West 72nd Street Owners Corp.

268 A.D.2d 468 Court N.Y. App. Div. Decision date 2000-01-18 English

Contents

Majority

p. 468
Robert Taddeo, Respondent, v 15 West 72nd Street Owners Corp., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. Joyce Contracting Co., Third-Party Defendant-Respondent.
[701 NYS2d 643]

—In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals from an order of the Supreme Court, Kings County (Held, J.), dated November 17, 1998, which denied its motion for summary judgment on its third-party complaint for common-law indemnification.

Ordered that the order is reversed, on the law, and the motion is granted conditionally in the event of the entry of a judgment awarding damages in favor of the plaintiff and against the defendant third-party plaintiff.

The Supreme Court erred in denying the motion of the defendant third-party plaintiff 15 West 72nd Street Owners Corp. (hereinafter 15 West), for summary judgment on the third-party complaint for common-law indemnification against Joyce Contracting Co. (hereinafter Joyce). After 15 West made out a prima facie case that it was entitled to summary judgment because it did not direct or control the plaintiffs work, Joyce failed to raise a triable issue of fact (see, Rivera v D'Alessandro,

p. 469
248 AD2d 522 ; Lopez v 36-2nd J Corp., 211 AD2d 667 ; Richardson v Matarese, 206 AD2d 354 ). Although liability has not been determined in this case, the motion for summary judgment on the third-party complaint for common-law indemnification is not premature and may be granted conditionally (see, Clark v 345 E. 52nd St. Owners, 245 AD2d 410 ; Rice v PCM Dev. Agency Co., 230 AD2d 898 ). Bracken, J. P., Thompson, Sullivan and Krausman, JJ., concur.

Cases cited