State v. Thalle Construction Co.

—Order, Supreme *258Court, New York County (Carol Arber, J.), entered on or about February 3, 1997, which granted defendants’ motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Maryland Casualty Company (Maryland), which defended plaintiff State of New York in the underlying action against it by defendant Thalle Construction Co.’s (Thalle) employee, is the real party in interest in this action by the State against Thalle and its workers’ compensation and employer’s liability insurer, The State Insurance Fund (The Fund), for common-law indemnification. Since…