Opinion
March 8, 2001.
Order, Supreme Court, New York County (Jane Solomon, J.), entered on or about August 24, 2000, which, to the extent appealed from, denied that part of third-party plaintiff's motion seeking leave to amend the third-party complaint to add a cause of action for contractual indemnification, unanimously affirmed, without costs.
Lise A. Bromfield, for third-party Plaintiff-Appellant.
Sharyn J. Gallatin Andrea E. Sacco, for third-party Defendant-Respondent.
Before: Sullivan, P.J., Rosenberger, Mazzarelli, Buckley, Friedman, JJ.
Since the agreement pursuant to which the third-party defendant provided building and grounds services contains no indemnification provision, the third-party plaintiff's proposed cause of action for contractual indemnification was plainly without merit and, thus, leave to amend the third-party complaint so as to add the proposed cause for contractual indemnification was properly denied (see, Sharon Ava Co. v. Olympic Tower Assocs., 259 A.D.2d 315, 316).
Motion seeking a stay of proceedings pending determination of appeal denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ORDERED that the amended decision is affirmed, without costs.