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RICHARD SULLIVAN, Plaintiff, v. G L BUILDING CORP., Defendant, and JKT CONSTRUCTION, Doing Business as CORCON CONSTRUCTION, Defendant and Third-Party Plaintiff-Appellant. PRINCE ELECTRIC, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And a Second Third-Party Action.).

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the cross motion of the third-party defendant Prince Electric (hereinafter Prince) which was for summary judgment dismissing the third-party cause of action for contractual indemnification insofar as asserted against it by the defendant third-party plaintiff, JKT Construction, doing business as Corcon Construction (hereinafter JKT). In support of its cross motion for summary judgment, Prince made a prima facie showing that the plain language of the indemnification agreement did not provide that it indemnify JKT for JKT's loss, costs, and expenses ( see Moss v McDonald's Corp., 34 AD3d 656, 657). In opposition, JKT failed to raise a triable issue of fact ( see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324). Further, in support of that branch of JKT's cross motion which was for summary judgment on its third-party cause of action for contractual indemnification insofar as asserted against Prince, JKT failed to establish, prima facie, that it was entitled to judgment as a matter of law.

JKT's remaining contentions are without merit.

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SULLIVAN v. PRINCE ELECTRIC
(Aug 7, 2007)