FELLOWS v. COUNTY OF ONONDAGA

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).