Fofana v. 41 West 34th Street, LLC

Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered July 18, 2007, which, to the extent appealed from, denied the motion by defendant Newmark, for summary judgment on its purported cross claim for contractual indemnification against defendant Midboro, unanimously affirmed, without costs.

In 2004, plaintiff and another individual named Haynes were injured in a fall down the freight elevator shaftway of a Manhattan building ground-leased to Midboro and managed by Newmark. Plaintiff commenced the instant action in Supreme Court, New York County, against Newmark and others, not…