Wasek v. New York City Health & Hospitals Corp.

Appellate Division of the Supreme Court of New York

Wasek v. New York City Health & Hospitals Corp.

85 A.D.3d 440, 924 N.Y.S.2d 268

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

DecidedJune 7, 2011

StatusPublished

This text of 85 A.D.3d 440 (Wasek v. New York City Health & Hospitals Corp.) 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

Wasek v. New York City Health & Hospitals Corp., 85 A.D.3d 440, 924 N.Y.S.2d 268 (N.Y. Ct. App. 2011).

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Opinion

Order, Supreme [441]*441Court, New York County (Barbara Jaffe, J.), entered August 10, 2010, which, insofar as appealed from, in this action for personal injuries sustained at a construction site, denied the motion of third-party defendant C Force Systems for summary judgment dismissing the third-party complaint as against it, unanimously modified, on the law, to the extent of dismissing the third-party complaint’s common-law and contractual indemnification claims, and otherwise affirmed, without costs.

Given that discovery has not yet taken place regarding third-party plaintiffs’ claim to pierce the corporate veil of third-party defendant Construction Force Services, Inc., with which they allegedly had an agreement for provision of insurance coverage, summary judgment is not warranted at this time (see CPLR 3212 [f]; see also Berkeley Fed. Bank & Trust v 229 E. 53rd St. Assoc., 242 AD2d 489 [1997]).

Since third-party plaintiffs state that they are no longer seeking recovery on their common-law and contractual indemnification claims, those claims are dismissed. Concur — Saxe, J.P., DeGrasse, Freedman, Abdus-Salaam and Manzanet-Daniels, JJ. [Prior Case History: 2010 NY Slip Op 32101(U).]

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Order, Supreme [441]*441Court, New York County (Barbara Jaffe, J.), entered August 10, 2010, which, insofar as appealed from, in this action for personal injuries sustained at a construction site, denied the motion of third-party defendant C Force Systems for summary judgment dismissing the third-party complaint as against it, unanimously modified, on the law, to the extent of dismissing the third-party complaint’s common-law and contractual indemnification claims, and otherwise affirmed, without costs.

Given that discovery has not yet taken place regarding third-party plaintiffs’ claim to pierce the corporate veil of third-party defendant Construction Force Services, Inc., with which they allegedly had an agreement for provision of insurance coverage, summary judgment is not warranted at this time (see CPLR 3212 [f]; see also Berkeley Fed. Bank & Trust v 229 E. 53rd St. Assoc., 242 AD2d 489 [1997]).

Since third-party plaintiffs state that they are no longer seeking recovery on their common-law and contractual indemnification claims, those claims are dismissed. Concur — Saxe, J.P., DeGrasse, Freedman, Abdus-Salaam and Manzanet-Daniels, JJ. [Prior Case History: 2010 NY Slip Op 32101(U).]

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Bluebook (online)

85 A.D.3d 440, 924 N.Y.S.2d 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wasek-v-new-york-city-health-hospitals-corp-nyappdiv-2011.

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