Hernandez v. Willoughby Walk Apartments Corp.

In an action to recover damages for personal injuries and a related third-party action, inter alia, for contractual indemnification, the third-party defendant Rotech Enterprises, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (E Rivera, J.), dated June 26, 2009, as, in effect, denied that branch of its motion which was for summary judgment dismissing the third-party causes of action for contractual indemnification and to recover damages for breach of contract to procure insurance insofar as asserted against it.

Ordered that the order is…