Horn Construction Co. v. MT Security Service Corp.

In an action to recover damages for breach of a contract of indemnity, plaintiff appeals from a judgment of the Supreme Court, Nassau County (Balletta, J.), entered June 2, 1983, which, following plaintiff’s opening statement, granted defendants’ motion for summary judgment dismissing the complaint. Judgment reversed, with costs, motion denied and matter remitted to the Supreme Court, Nassau County, for a new trial in accordance herewith. Plaintiff was sued in a negligence action in New Jersey and sought to implead defendants, who successfully raised lack of personal jurisdiction as a bar to…