CALLOWAY v. Construction Management Systems, Inc., Defendant-Respondent. (2004)

Plaintiffs commenced this action to recover damages for injuries sustained by plaintiff LaGloria Calloway when she tripped and fell on a temporary walkway constructed by defendant Construction Management Systems, Inc. (CMS) and leading to the entrance of a facility owned by defendant Adventure Golf & Games, Inc. (Adventure Golf).   Supreme Court properly denied the motion of Adventure Golf seeking summary judgment on its cross claims against CMS for common-law and contractual indemnification.   Adventure Golf failed to establish as a matter of law that it was not negligent and thus failed to establish its entitlement to judgment as a matter of law on its cross claims (see Giglio v. St. Joseph Intercommunity Hosp., 309 A.D.2d 1266, 1268, 765 N.Y.S.2d 77, amended 2 A.D.3d 1485, 769 N.Y.S.2d 775;  see also Lyons v. 40 Broad Del., 307 A.D.2d 868, 869-870, 763 N.Y.S.2d 602).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed with costs.

MEMORANDUM: