Brett Bashant v Mid-Westchester Realty Associates, LLC

Annotate this Case
Bashant v Mid-Westchester Realty Assoc., LLC 2006 NY Slip Op 05897 [31 AD3d 680] July 25, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 20, 2006

Brett Bashant et al., Plaintiffs,
v
Mid-Westchester Realty Associates, LLC, et al., Defendants and Third-Party Plaintiffs-Respondents. H.E. Palmer Service Corp., Third-Party Defendant-Appellant.

—[*1]In an action to recover damages for personal injuries, etc., the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Dutchess County (Dolan, J.), dated May 12, 2004, as granted that branch of the cross motion of the defendants third-party plaintiffs which was for summary judgment on the third-party cause of action for contractual indemnification.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The Supreme Court properly granted that branch of the cross motion of the defendants third-party plaintiffs which was for summary judgment on the third-party cause of action for contractual indemnification. The third-party cause of action for contractual indemnification is viable, insofar as the third-party defendant is contractually obligated to indemnify the third-party [*2]plaintiffs for the litigation costs incurred by the third-party plaintiffs in defending this action (see Itri Brick & Concrete Corp. v Aetna Cas. & Sur. Co., 89 NY2d 786, 793-794 [1997]; Brown v Two Exch. Plaza Partners, 76 NY2d 172, 178 [1990]; Hennard v Boyce, 6 AD3d 1132, 1133-1134 [2004]; Connolly v Brooklyn Union Gas Co., 168 AD2d 477, 478 [1990]). In support of that branch of the cross motion, the defendants and third-party plaintiffs established their prima facie entitlement to judgment as a matter of law. In opposition, the third-party defendant failed to raise a triable issue of fact. Goldstein, J.P., Luciano, Rivera and Fisher, JJ., concur.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.