Fox v. Ashland Oil, Inc.

— Order unanimously reversed on the law without costs and motion denied. Memorandum: Special Term erred in granting third-party plaintiff Ashland Oil, Inc. summary judgment on its contractual indemnification claim at this stage of the litigation. None of the three grounds advanced by Ashland supports such relief. General Obligations Law § 5-322.1 is potentially applicable (Quevedo v City of New York, 56 NY2d 150, rearg denied 57 NY2d 674) and its relevance cannot be known until fault is determined. No factual showing has been made here that the incident giving rise to plaintiff’s injuries…