Michigan Mutual Insurance v. American & Foreign Insurance

—Order, Supreme Court, New York County (Helen Freedman, J.), entered on or about May 12, 1997, which granted plaintiffs motion for partial summary judgment as against defendant-appellant, unanimously affirmed, with costs.

The motion court correctly determined that plaintiff, as subrogee of Corinno Civetta Construction Corp. (CCC), was not collaterally estopped from asserting that defendant Anthony Concrete Corp. (Anthony Concrete), based upon a contractual indemnification clause contained in the subcontract between CCC and Anthony Concrete, is liable for the defense costs plaintiff incurred in…