Nielson v. Vornado Forest Plaza, L.L.C.

Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered on or about July 8, 2016, which, insofar as appealed from as limited by the briefs, denied third-party defendant’s (Pro Aire) motion for summary judgment dismissing the third-party contractual indemnification and breach of contract claims, unanimously modified, on the law, to grant the motion as to the contractual indemnification claim, and otherwise affirmed, without costs.

Pro Aire established prima facie that it is not obligated to indemnify defendants/third-party plaintiffs (the PFNY defendants) under their subcontract,…