ODOM v. BRIDGE VIEW II CO

Since the record did not permit the motion court to conclude as a matter of law either that negligence by defendant Start proximately caused plaintiff's alleged injury or that defendant-appellant movant Bridge View was free of negligence in connection with plaintiff's harm, Bridge View's motion for summary judgment upon its claim for common-law indemnification from Start was properly denied (see, Correia v. Professional Data Mgt., Inc., 259 A.D.2d 60, 65; see also, Sledz v. 333 E. 68 St. Corp., 254 A.D.2d 196).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.