Daquaro v. Modern Continental Construction Co.

In an action, inter alia, to recover damages for personal injuries, etc., the defendant third-party plaintiff appeals from so much of an order of the Supreme Court, Kings County (G. Aronin, J.), dated September 2, 2003, as denied its motion for conditional summary judgment on its third-party cause of action for contractual indemnification against the third-party defendant.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

In support of its motion for conditional summary judgment on its…