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WHITE v. 92ND REALTY CO.

285 A.D.2d 642 (2001)

728 N.Y.S.2d 396

CHARLES WHITE, Plaintiff, v. 92ND REALTY CO., Defendant and Third-Party Plaintiff-Respondent, et al., Defendant and Third-Party Plaintiff. TOWN MASONRY CORP., Third-Party Defendant-Appellant.

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

Decided July 30, 2001.

Ordered that the order and judgment is reversed, on the law, with costs, and the motion is denied.

There is no proof in the record that the defendant third-party plaintiff 92nd Realty Co. was free from negligence in the incident which allegedly resulted in injuries to the plaintiff. Accordingly, the determination that 92nd Realty Co. may recover under the contractual indemnification provision of its contract with the third-party defendant Town Masonry Corp. is premature...

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