Schillaci v. Jet Equipment & Tools, Inc.

Order unanimously modified on the law and as modified affirmed with costs to third-party defendant in accordance with the following Memorandum: Supreme Court erred in denying the motion of third-party defendant for summary judgment dismissing the third-party complaint seeking common-law indemnification and contribution. Third-party defendant sustained its burden of demonstrating its entitlement to judgment as a matter of law *860on the claims that it was negligent in failing to supervise, instruct or train plaintiff Michael C. Schillaci, its employee, and defendant and third-party plaintiff,…