- SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
- Feb 14 2013 (Date Decided)
- Mazzarelli, J.P., Friedman, Manzanet-Daniels, Rom?n, Clark, JJ.
9248. MARY IMBRIALE, ETC., plf-res, v. RICHTER & RATNER CONTRACTING CORP. def-ap, EMPIRE PROJECTS, INC., def — RICHTER & RATNER CONTRACTING CORP. Third-Party plf-ap, v. COMPETITION ARCHITECTURAL METALS, INC., Third-Party def-res — [AND ANOTHER THIRD-PARTY ACTION] Malapero & Prisco, New York (Frank J. Lombardo of counsel), for ap — Rappaport Glass Levine & Zullo, LLP, Hauppauge (Michael G. Glass of counsel), for Mary Imbriale, res — Milber Makris Plousadis & Seiden, LLP, White Plains (James K. Baden of counsel), for Competition Architectural Metals, Inc., res — Order, Supreme Court, New York County (Jeffrey K. Oing, J.), entered June 8, 2012, which, to the extent appealed from as limited by the briefs, denied the motion by defendants/third party plaintiffs Richter & Ratner Contracting Corp. (R&R), Ana Tzarev New York, LLC (ATNY), 24 West 57th APF, LLC, and 24 West 57th Street Realty, LLC (collectively, 24 West 57th) to renew plaintiff's motion for summary judgment as to liability under Labor Law §240(1), granted plaintiff's motion to sever the third party complaint from the main action, and denied defendants/ third party plaintiffs' motion for summary judgment on their claims for common-law and contractual indemnification against third-party defendant Competition Architectural Metals, Inc. (Competition), unanimously modified, on the law, to grant ATNY and 24 West 57th summary judgment on their third-party claim for common law indemnification, and otherwise affirmed, without costs.