| Mejia v Levenbaum |
| 2008 NY Slip Op 09446 [57 AD3d 216] |
| December 2, 2008 |
| Appellate Division, First Department |
| Manuel Mejia, Plaintiff, v Andrew R. Levenbaum,Respondent, and Tam Restaurants, Inc., et al., Appellants, et al.,Defendants. |
—[*1] Camacho Mauro Mulholland, LLP, New York (Eric L. Cooper of counsel), forrespondent.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered November 29, 2007, which,insofar as appealed from, in an action for personal injuries, granted defendant AndrewLevenbaum's motion to renew his prior motion for summary judgment on his cross claim againstdefendants Tam Restaurants, Inc. and Plum Third Street, Corp. for common-law indemnification,and, upon renewal, granted Levenbaum's motion to the extent of awarding him summaryjudgment on the cross claim as against Tam Restaurants, unanimously affirmed, with costs.
This Court previously determined that Levenbaum bears no liability to plaintiff and thatPlum Third, which is owned by Tam Restaurants, directed plaintiff's work at the time that he wasinjured (30 AD3d 262 [2006]). Accordingly, since Levenbaum is free from active negligence andPlum Third had direct control over the work giving rise to the injury, summary judgment on theissue of Levenbaum's cross claim for common-law indemnification against Tam Restaurants[*2]was not premature (see Rodriguez v Metropolitan LifeIns. Co., 234 AD2d 156 [1996]; seealso Tighe v Hennegan Constr. Co., Inc., 48 AD3d 201, 202 [2008]).Concur—Mazzarelli, J.P., Saxe, Catterson, Renwick and Freedman, JJ.