Calloway v. Adventure Golf & Games, Inc.

8 A.D.3d 1015, 778 N.Y.S.2d 581, 2004 N.Y. App. Div. LEXIS 8105

Opinion

Appeal from an order of the Supreme Court, Monroe County (Robert J. Lunn, J.), entered July 10, 2003. The order denied the motion of defendant Adventure Golf & Games, Inc. for summary judgment on its cross claims against defendant Construction Management Systems, Inc. for common-law and contractual indemnification.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff LaGloria Calloway when she tripped and fell on a temporary walkway constructed by defendant Construction Management Systems, Inc. (CMS) and leading to the entrance of a facility owned by defendant Adventure Golf & Games, Inc. (Adventure Golf). Supreme Court properly denied the motion of Adventure Golf seeking summary judgment on its cross claims against CMS for common-law and contractual indemnification. Adventure Golf failed to establish as a matter of law that it was not negligent and thus failed to establish its entitlement to judgment as a matter of law on its cross claims (see Giglio v St. Joseph Intercommunity Hosp., 309 AD2d 1266, 1268, [2003], amended 2 AD3d 1485 [2003]; see also Lyons v 40 Broad Del., 307 AD2d 868, 869-870 [2003]). Present—Pigott, Jr., P.J., Green, Pine, Wisner and Lawton, JJ.