Contracts · MBE-tested
Thomas Tyrrell et al., Plaintiffs, v. Ned C. Hoffman, Respondent, and Michael Ward, Appellant
276 A.D.2d 393715 N.Y.S.2d 635·New York Supreme Court, Appellate Division·2000·NY
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Opinion
Thomas Tyrrell et al., Plaintiffs, v Ned C. Hoffman, Respondent, and Michael Ward, Appellant.
[715 NYS2d 635]
[MAJORITY]
Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about October 1, 1999, which, to the extent appealed from, denied that branch of defendant-appellant’s motion for summary judgment seeking dismissal of defendant-respondent’s cross claim for common-law indemnification, unanimously affirmed, without costs.
Summary judgment dismissing defendant-respondent contractor’s cross claim for indemnification was properly denied. The movant, defendant-appellant subcontractor, failed to adduce evidence of negligence on the part of defendant-respondent contributing to plaintiffs’ harm or evidence of his own freedom from negligence contributing to plaintiffs’ harm, and thereby failed to make out a prima facie entitlement to judgment as a matter of law. Concur — Sullivan, P. J., Nardelli, Rubin, Saxe and Friedman, JJ.