McNamee Construction Corp. v. City of New Rochelle

— In an action to recover damages for breach of a construction contract, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Lefkowitz, J.), entered January 23, 2008, as granted that branch of the motion of the defendants third-party defendants which was for summary judgment dismissing its claim for common-law indemnification on the ground of res judicata.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants third-party defendants…