Fleming v. Custom Building Systems, Inc.

Appellate Division of the Supreme Court of New York

Fleming v. Custom Building Systems, Inc.

21 A.D.3d 929, 800 N.Y.S.2d 643, 2005 N.Y. App. Div. LEXIS 9071

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 12, 2005

StatusPublished

This text of 21 A.D.3d 929 (Fleming v. Custom Building Systems, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fleming v. Custom Building Systems, Inc., 21 A.D.3d 929, 800 N.Y.S.2d 643, 2005 N.Y. App. Div. LEXIS 9071 (N.Y. Ct. App. 2005).

Pincite

Opinion

In an action to recover damages for personal injuries, the third-party defendant appeals from so much of an order of the Supreme Court, Orange County (Horowitz, J.), dated June 8, 2004, as denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

There are triable issues of fact which preclude summary judgment dismissing the third-party complaint for indemnification and contribution (see Murphy v WFP 245 Park Co., L.P., 8 AD3d 161, 162 [2004]; Bornschein v Shuman, 7 AD3d 476, 479 [2004]; cf. O'Donoghue v New York City School Constr. Auth., 1 AD3d [930]*930333, 336 [2003]). Thus, the third-party defendant’s motion was properly denied. Prudenti, P.J., Florio, Crane and Lifson, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In an action to recover damages for personal injuries, the third-party defendant appeals from so much of an order of the Supreme Court, Orange County (Horowitz, J.), dated June 8, 2004, as denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

There are triable issues of fact which preclude summary judgment dismissing the third-party complaint for indemnification and contribution (see Murphy v WFP 245 Park Co., L.P., 8 AD3d 161, 162 [2004]; Bornschein v Shuman, 7 AD3d 476, 479 [2004]; cf. O'Donoghue v New York City School Constr. Auth., 1 AD3d [930]*930333, 336 [2003]). Thus, the third-party defendant’s motion was properly denied. Prudenti, P.J., Florio, Crane and Lifson, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

21 A.D.3d 929, 800 N.Y.S.2d 643, 2005 N.Y. App. Div. LEXIS 9071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleming-v-custom-building-systems-inc-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack