Edmond v. Streeter Associates, Inc.

—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of Streeter Associates, Inc. (Streeter) for summary judgment on its third-party action for contractual and common-*1006law indemnification against R.W. Dake & Company, Inc. (Dake). Streeter is entitled to indemnification under its subcontract with Bake only if plaintiffs’ claims against Streeter arise out of or result from the performance of Bake’s work under the subcontract. There are questions of fact whether plaintiff Douglas S. Edmond was performing drywall repair work pursuant to Bake’s subcontract…