Nappo v. Menorah Campus, Inc.

Order unanimously modified on the law and as modified *877affirmed without costs in accordance with the following Memorandum: Supreme Court improperly granted summary judgment to defendant and third-party plaintiff Amthor Steel, Inc. (Amthor), against plaintiff’s decedent’s employer, third-party defendant W.E. Darin Construction Enterprises, Inc. (Darin) based upon contractual indemnification. Amthor failed to establish by proof in evidentiary form that the parties agreed (orally or otherwise) to an indemnification provision in their contract. Amthor cannot rely on its purchase order to establish…