Ward v. Copertino

— In an action for contribution and/or indemnification to recover damages paid in settlement of a prior negligence action, the defendant Town of New Windsor appeals from so much of an order of the Supreme Court, Orange County (Green, J.), dated May 12, 1988, as denied its motion pursuant to CPLR 3212 for summary judgment dismissing the complaint as against it.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant Town of New Windsor’s motion for summary judgment dismissing the complaint insofar as it is asserted against it is granted, and the action…