Koss v. Board of Trustees of the Fashion Institute of Technology

281 A.D.2d 200, 727 N.Y.S.2d 303, 2001 N.Y. App. Div. LEXIS 2207

Opinion

Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about August 24, 2000, which, to the extent appealed from, denied that part of third-party plaintiff’s motion seeking leave to amend the third-party complaint to add a cause of action for contractual indemnification, unanimously affirmed, without costs.

Since the agreement pursuant to which the third-party defendant provided building and grounds services contains no indemnification provision, the third-party plaintiffs proposed cause of action for contractual indemnification was plainly without merit and, thus, leave to amend the third-party complaint so as to add the proposed cause for contractual indemnification was properly denied (see, Sharon Ava & Co. v Olympic Tower Assocs., 259 AD2d 315, 316). Concur — Sullivan, P. J., Rosenberger, Mazzarelli, Buckley and Friedman, JJ.