Chacon v. Calimia Construction Co.

—In an action to recover damages for personal injuries, Calimia Construction Company and Neys Escobar appeal from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated May 15, 2002, as only conditionally granted that branch of their motion which was to dismiss the third-party complaint insofar as asserted against them based upon noncompliance with disclosure orders, and denied that branch of their motion which was for summary judgment dismissing the contractual indemnification claim in the third-party complaint insofar as asserted against them, and Bruno Frustaci…