Opinion
September 14, 1998
Appeal from the Supreme Court, Nassau County (DeMaro, J.).
Ordered that the interlocutory judgment is modified, on the law, by deleting the provision awarding attorney's fees and expenses in the sum of $10,270, and remitting the matter to the Supreme Court, Nassau County, for a hearing on the amount of reasonable attorney's fees and expenses to be awarded; as so modified, the interlocutory judgment is affirmed, with costs to the respondent.
We agree with the Supreme Court that the defendant third-party plaintiff was entitled to summary judgment on its third-party cause of action for common-law indemnification ( see, Eccleston v. Berakha, 233 A.D.2d 417; Dawson v. Pavarini Constr. Co., 228 A.D.2d 466; Danaher v. Notarfrancesco, 213 A.D.2d 444; McNair v. Morris Ave. Assocs., 203 A.D.2d 433).
However, the defendant third-party plaintiff is entitled to recover its attorney's fees and expenses incurred in defending the plaintiff's claim as part of its common-law indemnification claim ( see, Eccleston v. Berakha, supra). Since the reasonableness of the sum awarded cannot be determined on this record, the matter is remitted for a hearing on the amount of reasonable attorney's fees and expenses to be awarded.
O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.