Moyano v. Gertz Plaza Acquisition

Order, Supreme Court, New York County (Richard F. Braun, J.), entered February 5, 2013, which, to the extent appealed from, denied third-party defendant’s motion for summary judgment dismissing third-party plaintiffs’ claims for contractual indemnification, unanimously affirmed, without costs.

Although third-party plaintiffs did not produce a written, executed contract covering their maintenance service arrangement with third-party defendant at the time plaintiff Felix Moyano was injured, they submitted copies of unsigned contracts and evidence that raises issues of fact whether the parties…