Smith v. 21 West LLC Limited Liability Co.

*361Order, Supreme Court, New York County (Carol E. Huff, J.), entered July 14, 2005, which, after a framed issue hearing, inter alia, denied defendant Bravo’s motion for summary judgment dismissing defendant 21 West’s cross claims for contribution and common-law and contractual indemnification, unanimously affirmed, with costs.

Bravo failed to establish as a matter of law that plaintiff was its employee or that it was working as a joint venture with a third-party corporation not sued herein. Thus, 21 West’s cross claims for contribution and indemnification were not barred by Workers’ Compensation…