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ITARA v. MASARYK TOWERS CORP.

Index No. 152948/20. Appeal No. 16962. Case No. 2021-04787.

211 A.D.3d 605 (2022)

178 N.Y.S.3d 709

2022 NY Slip Op 07295

Joseph Itara et al., Respondents, v. Masaryk Towers Corporation, Doing Business as Masaryk Towers Management, Appellant/Third-Party Plaintiff-Appellant, et al., Defendant. Centennial Elevator Industries, Inc., Third-Party Defendant-Respondent.

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

Decided December 22, 2022.

Attorney(s) appearing for the Case

Milber Makris Plousadis & Seiden, LLP, Woodbury (Lorin A. Donnelly of counsel), for appellant.

Brand Brand Nomberg & Rosenbaum, LLP, New York (Brett J. Nomberg of counsel), for Joseph Itara and Tabetha Itara, respondents.

Kaufman Dolowich Voluck, LLP, White Plains (Alexandra L. Robbins of counsel), for Centennial Elevator Industries, Inc., respondent.

Concur—Webber, J.P., Friedman, Gesmer, Shulman, Rodriguez, JJ.

Order, Supreme Court, New York County (William Perry, J.), entered on or about December 6, 2021, which, to the extent appealed from as limited by the briefs, granted third-party defendant's motion to dismiss the third-party complaint, unanimously modified, on the law, to deny the motion as to the claim for contractual indemnification, and otherwise affirmed, without costs.

Plaintiff, an employee of third-party defendant (Centennial), alleged that he was performing...

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