Wasek v. New York City Health & Hospitals Corp.

Order, Supreme *441Court, New York County (Barbara Jaffe, J.), entered August 10, 2010, which, insofar as appealed from, in this action for personal injuries sustained at a construction site, denied the motion of third-party defendant C Force Systems for summary judgment dismissing the third-party complaint as against it, unanimously modified, on the law, to the extent of dismissing the third-party complaint’s common-law and contractual indemnification claims, and otherwise affirmed, without costs.

Given that discovery has not yet taken place regarding third-party plaintiffs’ claim to pierce the…