Opinion
March 24, 1986
Appeal from the Supreme Court, Nassau County (McGinity, J.).
Order reversed, insofar as appealed from, with costs, and cross motion granted.
After settlement of a first-party action, a third-party complaint can stand only if it asserts a claim for indemnification, and not contribution (see, General Obligations Law § 15-108; McDermott v. City of New York, 50 N.Y.2d 211, 220; Riviello v. Waldron, 47 N.Y.2d 297, 306-307). The third-party complaint here, however, alleges only that the negligence of the third-party defendant was a cause of the injuries to the plaintiff and, therefore, fails to show that nexus between the liability of the third-party plaintiff and the wrongful act of the third-party defendant that is required to support an indemnification claim (see, Rosado v. Proctor Schwartz, 106 A.D.2d 27, affd 66 N.Y.2d 21; County of Westchester v. Becket Assoc., 102 A.D.2d 34, affd 66 N.Y.2d 642; Jakobleff v. Cerrato, Sweeney Cohn, 97 A.D.2d 786). The third-party complaint should, therefore, have been dismissed. Lazer, J.P., Thompson, Bracken and Rubin, JJ., concur.