Opinion
2001-04144
Submitted March 7, 2002.
April 15, 2002.
In an action to recover damages for personal injuries, etc., the defendant third-party plaintiff appeals from an order of the Supreme Court, Orange County (McGuirk, J.), dated April 19, 2001, which, inter alia, granted that branch of the motion of the third-party defendant Kendland Company, Inc., which was for summary judgment dismissing the third-party complaint insofar as asserted against it.
Gary A. Cusano, Tarrytown, N.Y. (George Dieter of counsel), for defendant third-party plaintiff-appellant.
Marx Aceste, LLP, White Plains, N.Y. (Sally Ann Zullo and Vincent J. Aceste of counsel), for third-party defendant-respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, BARRY A. COZIER, JJ.
ORDERED that the order is affirmed, with costs.
The Supreme Court properly granted that branch of the motion of the respondent, a subcontractor, which was for summary judgment dismissing the appellant general contractor's third-party cause of action for contractual indemnification. The indemnification clause is triggered only in the event of a finding of negligence on the part of the subcontractor or its agents or employees. There is no basis in the record to find such negligence, as a matter of law.
The appellant's remaining contentions are without merit.
ALTMAN, J.P., FLORIO, H. MILLER and COZIER, JJ., concur.