Elkman v. Southgate Owners Corp.

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered April 4, 1997, which, in a third-party action by a landlord against an adjacent fish retailer for indemnification or contribution in plaintiff tenants’ main action against the landlord for breach of the warranty of habitability due to fish odors, granted the fish retailer’s motion for summary judgment only to the extent of dismissing the claim for contribution, and denied the landlord’s motion for summary judgment on the issue of liability on its claims for contribution and indemnification, unanimously affirmed, without…