Rosen v. New York City Transit Authority

—Order, Supreme Court, New York County (Robert Lippmann, J.), entered March 16, 2001, which, in an action by a pedestrian hit by a car for personal injuries allegedly caused by the negligent design and construction of a pedestrian walkway at a construction site, and a third-party action by the site owner, New York City Transit Authority, against the contractor, NAB Construction Corporation, for contractual indemnification, denied the Transit Authority’s motion pursuant to CPLR 4401 for judgment against NAB in the amount of its attorneys’ fees and other litigation costs, unanimously affirmed,…