Pena v. Chateau Woodmere Corp.

Order, Supreme Court, Bronx *443County (Bertram Katz, J.), entered May 28, 2002, which, to the extent appealed from as limited by the briefs, denied third-party defendant’s motion to dismiss the third-party complaint and a cross claim by defendant and denied defendant and third-party plaintiffs cross motion for summary judgment against third-party defendant on the issue of its contractual obligation to indemnify defendants, unanimously modified, on the law, so as to grant the cross motion, and otherwise affirmed, without costs, and the matter remanded for further proceedings.

Plaintiff was injured…