Philadelphia Indemnity Insurance v. AMI Development

In an action to recover damages for injury to property, the defendant AMI Development, LLC, appeals from an order of the Supreme Court, Kings County (Martin, J.), dated July 5, 2012, which denied its motion for summary judgment on its cross claim against the defendant S&J Industrial Corp. for contractual defense and indemnification, and common-law indemnification.

Ordered that the order is modified, on the law, by adding thereto the words “without prejudice to renewal upon the completion of discovery” following the words “denied in its entirety,” contained in the first sentence of the last…