Maciej Wasek, Plaintiff, v. << (2011)

Supreme Court, Appellate Division, First Department, New York.

Maciej Wasek, Plaintiff, v.
New York City Health & Hospitals Corporation, et al., Defendants. New York City Health & Hospitals Corporation, et al., Third–Party Plaintiffs–Respondents, v. Construction Force Services, Inc., et al., Third–Party Defendants, C Force Systems LLC, Third–Party Defendant–Appellant.

5262

Decided: June 07, 2011

Saxe, J.P., DeGrasse, Freedman, Abdus–Salaam, Manzanet–Daniels, JJ.

Quirk and Bakalor, P.C., New York (Debra E. Seidman of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for respondents.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered August 10, 2010, which, insofar as appealed from, in this action for personal injuries sustained at a construction site, denied the motion of third-party defendant C Force Systems for summary judgment dismissing the third-party complaint as against it, unanimously modified, on the law, to the extent of dismissing the third-party complaint's common-law and contractual indemnification claims, and otherwise affirmed, without costs.

Given that discovery has not yet taken place regarding third-party plaintiffs' claim to pierce the corporate veil of third-party defendant Construction Force Services, Inc., with which they allegedly had an agreement for provision of insurance coverage, summary judgment is not warranted at this time (see CPLR 3212[f]; see also Berkeley Fed. Bank & Trust v 229 E. 53rd St. Assoc., 242 A.D.2d 489 [1997] ).

Since third-party plaintiffs state that they are no longer seeking recovery on their common-law and contractual indemnification claims, those claims are dismissed.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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