Ruiz-Hernandez v. TPE NWI General

Order, Supreme Court, New York County (Debra A. James, J.), entered April 19, 2012, which denied the motion of defendant/third-party plaintiff TPE NWI General (General) for summary judgment dismissing the complaint, and denied the motion of third-party defendant Guardsman Elevator Co., Inc. (Guardsman) for summary judgment dismissing the third-party complaint, unanimously modified, on the law, Guardsman’s motion granted to the extent that it sought dismissal of General’s third-party claim for contractual indemnification, and otherwise affirmed, without costs.

Triable issues of fact exist as to…