Mitchell v. County of Jefferson

Order unanimously reversed on the law without costs, motion denied and cross motions granted. Memorandum: Supreme Court erred in granting the motion of third-party defendant for summary judgment dismissing the first, third and fourth causes of action of the third-party complaint. Those causes of action seek common-law indemnification from the party that actually supervised, directed or controlled the work giving rise to the injury sustained by plaintiff (see, Nappo v Menorah Campus, 216 AD2d 876). We reject the contention of third-party defendant that those causes of action are precluded by…