- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Dec 11 2012 (Date Decided)
- Tom, J.P., Andrias, DeGrasse, Richter, Romn, JJ.
7549. JOHN CAHN, plf-res, v. WARD TRUCKING, INC. def-res, J.T. FALK & COMPANY, INC., Defendant-res-ap, 460 PARK AVENUE SOUTH ASSOCIATES, LLC, def — J.T. FALK & COMPANY, LLC, THIRD-PARTY PLAINTIFF-RESPONDENT-ap — v. CHEMTREAT, INC., THIRD-PARTY DEFENDANTAPPELLANT-res — J.T. FALK & COMPANY, LLC, SECOND THIRD-PARTY PLAINTIFF-res-ap, v. ATLANTIC COASTAL TRUCKING, INC. SECOND THIRD-PARTY DEFENDANTS-res — [AND OTHER ACTIONS] Mischel & Horn, P.C., New York (Scott T. Horn of counsel), for appellant-res — Ahmuty, Demers & McManus, Albertson, (Glenn A. Kaminska of counsel), res-res — Pollack, Pollack, Isaac & De Cicco, New York (Michael H. Zhu of counsel), for John Cahn, res — Downing & Peck, P.C., New York (John M. Downing, Jr. of counsel), for Ward Trucking, Inc., res — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Debra A. Adler of counsel), for R.C. Dolner, LLC, res — Law Office of James J. Toomey, New York (Evy L. Kazanzky of counsel), for Taconic Management Company, LLC and 450 Park Avenue South Associates LLC., res — Quirk and Bakalor, P.C., New York (Debra E. Seidman of counsel), for Atlantic Coastal Trucking, Inc. and Triangle Trucking, res Order, Supreme Court, New York County (Paul Wooten, J.), entered February 16, 2011, which, to the extent appealed from, denied thirdparty defendant Chemtreat's motion for summary judgment dismissing the third-party complaint and all cross claims against it, and denied defendant/third-party plaintiff/second third-party plaintiff J.T. Falk's motion for summary judgment dismissing the complaint against it and for summary judgment on its claims for contractual and common-law indemnification against Chemtreat, and for common-law indemnification against Ward Trucking, Atlantic, Triangle and Bermudez, unanimously modified, on the law, to grant Chemtreat's motion, and to grant Falk's motion to the extent of dismissing plaintiff's action as against it, and otherwise affirmed, without costs. The Clerk is directed to enter judgment dismissing the complaint as against defendant Falk and the third-party complaint and all cross claims as against defendant Chemtreat.