DeJesus v. F.J. Sciame Construction Co.

Order, Supreme Court, Bronx County (Nelson Roman, J.), entered March 17, 2004, which, to the extent appealed from as limited by the briefs, granted third-party plaintiff Sciame Construction’s motion for contractual indemnification from third-party defendant Complete Construction, and denied Complete Construction’s cross motion for summary judgment dismissing the complaint and the third-party complaint, unanimously modified, on the law, third-party plaintiffs motion denied, and otherwise affirmed, without costs.

Although the raised metal door frame on which plaintiff tripped was open, obvious…