Coto v. United Artists Theatre Circuit, Inc.

—In an action to recover damages for personal injuries, the third-party defendant, Pepco Construction Corp., appeals from an order of the Supreme Court, Kings County (Jones, J.), dated September 11, 1998, which granted the motion of the defendant third-party plaintiff United Artists Theatre Circuit, Inc., for conditional summary judgment on the third-party causes of action for common-law and contractual indemnification, and for summary judgment on the third-party cause of action to recover damages for breach of contract to procure insurance.

Ordered that the order is reversed, on the law, with…