Appellate Division of the Supreme Court of New York, 2007

Martinez v. Ashley Apts. Co.

Appellate Division of the Supreme Court of New York · Decided October 16, 2007

44 A.D.3d 830; 842 N.Y.S.2d 918

Cases that cite this one

3 later published cases cite this decision.

Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLP (Civil Court of the City of New York 2016)
Gardner v. Cason, Inc. (Appellate Division of the Supreme Court of New York 2011)
Cardone v. Poidamani (Appellate Division of the Supreme Court of New York 2010)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action, inter alia, to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated January 8, 2007, which denied its motion for summary judgment dismissing the third-party cause of action for contractual indemnification.

Ordered that the order is affirmed, with costs.

Under the circumstances of this case, since discovery has not been conducted, it would have been premature to grant summary judgment (see Sportiello v City of New York, 6 AD3d 421, *831422 [2004]). Moreover, as noted by the Supreme Court, the “conflicting self serving affidavits submitted by the representatives of the respective parties” preclude the granting of summary judgment at this juncture (see Comerica Bank, N.A. v Benedict, 39 AD3d 456, 458 [2007]; Thibeault v Travelers Ins. Co., 37 AD3d 1000, 1001 [2007]; Dune Deck Owners Corp. v Liggett, 34 AD3d 523, 524 [2006]). Miller, J.P., Goldstein, Skelos and Balkin, JJ., concur.

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