Tyrrell v. Hoffman

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.