Legal Opinion
Martinez v. Ashley Apts. Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 16, 2007PublishedCited by 3 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Kings County (Kramer, J.), dated January 8, 2007, which denied its motion for summary judgment dismissing the third-party cause of action for contractual indemnification.
Ordered that the order is affirmed, with costs.
Under the circumstances of this case, since discovery has not been conducted, it would have been premature to grant summary judgment (see Sportiello v City of New York, 6 AD3d 421, *831422 [2004]). Moreover, as noted by the Supreme Court, the…
2Cases cited4 opinions
- Sportiello v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Comerica Bank, N.A. v. BenedictAppellate Division of the Supreme Court of the State of New York · 2007
- Dune Deck Owners Corp. v. LiggettAppellate Division of the Supreme Court of the State of New York · 2006
- Thibeault v. Travelers InsuranceAppellate Division of the Supreme Court of the State of New York · 2007
3Cited by3 opinions
- Gardner v. Cason, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Cardone v. PoidamaniAppellate Division of the Supreme Court of the State of New York · 2010
- Jackson v. Abrams, Fensterman, Fensterman, Flowers, Greenberg & Eisman, LLPCivil Court of the City of New York · 2016