Opinion
2013-04-2
Timothy McCUE, et al., Plaintiffs, v. TOWER III, LLC, et al., Defendants. Tower III, LLC, et al., Third–Party Plaintiffs–Respondents, v. SJ Electric, Inc., Third–Party Defendant–Appellant.
O'Connor Redd LLP, White Plains (Amy L. Fenno of counsel), for appellant. Hannum Feretic Prendergast & Merlino, LLC, New York (David P. Feehan of counsel), for respondents.
O'Connor Redd LLP, White Plains (Amy L. Fenno of counsel), for appellant. Hannum Feretic Prendergast & Merlino, LLC, New York (David P. Feehan of counsel), for respondents.
Order, Supreme Court, New York County (Louis B. York, J.), entered September 26, 2012, which denied third-party defendant-appellant SJ Electric, Inc.'s motion for summary judgment dismissing the third party complaint against it, unanimously affirmed, without costs.
The motion court correctly determined that issues of fact exist concerning whether SJ Electric was working on the fourth floor in the days prior to the accident and whether it was responsible for cleaning up debris created as a result of its work. These issues of fact preclude dismissal of the third-party complaint for indemnification ( see Pennisi v. Standard Fruit & S.S. Co., 206 A.D.2d 290, 614 N.Y.S.2d 519 [1st Dept. 1994] ).