Martinez v. Plaza Prospect Apt., Inc.

Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered April 12, 2005, which, to the extent appealed from, denied defendant’s motion for summary judgment on its claim for contractual indemnification against third-party defendant Tower Building Services (TBS) and denied the cross motion of TBS for summary judgment dismissing the third-party complaint, unanimously modified, on the law, and defendant’s motion granted, and otherwise affirmed, with costs in favor of third-party plaintiff, payable by third-party defendant TBS. The Clerk is directed to enter judgment accordingly.

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