Mobile Air Transport, Inc. v. Summit Handling Systems, Inc.

In an action for contribution and indemnification, the plaintiffs appeal from an order of the Supreme Court, Queens County (Raffaele, J.), dated December 23, 2014, which granted the defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendant’s motion pursuant to CPLR 3211 (a) to dismiss the complaint is denied.

Contrary to the defendant’s contentions and the determination of the Supreme Court, the plaintiffs’ commencement of this action was not barred by the doctrine of res judicata. In a related action, a…