Stutterheim v. First Shot Productions

Order, Supreme Court, New York County (Anil C. Singh, J.), entered March 6, 2015, which denied defendant Exit Creative Company, LLC’s (Exit) motion for summary judgment dismissing the complaint and all cross claims against it, unanimously modified, on the law, to dismiss defendant First Shot Productions’ contractual indemnification cross claim as against defendant Exit, and otherwise affirmed, without costs.

The motion court properly denied Exit’s motion for summary judgment because there is an issue of fact as to whether Exit maintained a degree of control over the commercial filming on which…