Appellate Division of the Supreme Court of New York, 2013

Palomeque v. Capital Improvement Services, LLC

Palomeque v. Capital Improvement Services, LLC
Appellate Division of the Supreme Court of New York · Decided January 30, 2013
102 A.D.3d 934; 958 N.Y.S.2d 602
Palomeque v. Capital Improvement Services, LLC

Opinion of the Court

In an action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Nassau County (Iannacci, J.), entered December 12, 2011, which granted the motion of the defendant/third-party plaintiff for summary judgment on its second cause of action in the third-party complaint.

Ordered that the order is affirmed, with costs.

*935The defendant/third-party plaintiff, Capital Improvement Services, LLC (hereinafter Capital), established its entitlement to judgment as a matter of law on its second cause of action in the third-party complaint, which sought contractual indemnification. Capital tendered the subcontract agreement, which provided for indemnification by the third-party defendant against liability for the underlying accident, and demonstrated that it was free from negligence in the happening of this accident (see Quilliams v Half Hollow Hills School Dist. [Candle-wood, School], 67 AD3d 763 [2009]; George v Marshalls of MA, Inc., 61 AD3d 931 [2009]). In opposition thereto, the third-party defendant failed to raise a triable issue of fact. Accordingly, the Supreme Court properly granted Capital’s motion for summary judgment on its second cause of action in the third-party complaint (see Roldan v New York Univ., 81 AD3d 625, 629 [2011]; see also Brown v Two Exch. Plaza Partners, 76 NY2d 172 [1990]; see generally Alvarez v Prospect Hosp., 68 NY2d 320 [1986]).

The third-party defendant’s remaining contentions are without merit. Mastro, J.P., Lott, Austin and Sgroi, JJ., concur.

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