Opinion
December 14, 2000.
Order, Supreme Court, New York County (Emily Goodman, J.), entered on or about October 12, 1999, which, upon reargument, granted the previously denied motion of third-party defendant Cushman ; Wakefield, Inc. to dismiss the third-party complaint, unanimously affirmed, with costs.
Gail L. Ritzert, for third-party Defendant-Respondent.
Before: Rosenberger, J.P., Williams, Tom, Ellerin, Wallach, JJ.
In view of the service agreement between defendant third-party plaintiff building owners and third -party defendant management company requiring third-party plaintiffs to purchase insurance and indemnify third-party defendants with respect to claims such as those asserted by plaintiff in the main action, the third-party action was properly dismissed (see, Santamaria v. 1125 Park Ave. Corp., 238 A.D.2d 259).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.