Opinion
October 24, 2000.
Sullivan, P.J., Nardelli, Rubin, Saxe, Friedman, JJ.
Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered on or about October 1, 1999, which, to the extent appealed from, denied that branch of defendant-appellant's motion for summary judgment seeking dismissal of defendant-respondent's cross-claim for common-law indemnification, unanimously affirmed, without costs.
Summary judgment dismissing defendant-respondent contractor's cross claim for indemnification was properly denied. The movant, defendant-appellant subcontractor, failed to adduce evidence of negligence on the part of defendant-respondent contributing to plaintiffs' harm or evidence of his own freedom from negligence contributing to plaintiffs' harm, and thereby failed to make out a prima facie entitlement to judgment as a matter of law.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.