Opinion
CA 03-00615.
December 31, 2003.
Appeal from an order of Supreme Court, Onondaga County (Major, J.), entered January 14, 2003, which denied without prejudice the motion of defendant-third-party plaintiff for summary judgment on contractual and common-law indemnification against third-party defendant Robert E. Dye, doing business as Bob Dye Construction.
LEVENE GOULDIN THOMPSON, LLP, BINGHAMTON (MARGARET J. FOWLER OF COUNSEL), FOR THIRD-PARTY PLAINTIFF-APPELLANT.
SUGARMAN LAW FIRM, LLP, SYRACUSE (SANDRA L. HOLIHAN OF COUNSEL), FOR THIRD-PARTY DEFENDANTS-RESPONDENTS.
Before: PRESENT: PINE, J.P., WISNER, HURLBUTT, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Supreme Court properly exercised its discretion in denying without prejudice the motion of defendant-third-party plaintiff, Onondaga County Soil Water Conservation District (OCSW), seeking summary judgment on contractual and common-law indemnification against third-party defendant Robert E. Dye, doing business as Bob Dye Construction, with leave to renew the motion upon Dye's completion of additional discovery of present or former employees of OCSW ( see generally CPLR 3212 [f]; Pank v. Village of Canajoharie, 275 A.D.2d 508, 509-510).