The owner's claim for indemnity against the contractor is premature, since the owner's responsibility for snow removal remains unresolved, and since, under their contract, the contractor is obligated to indemnify the owner only for negligent acts committed by parties other than the owner.
We decline to review the contractor's arguments that the main complaint should be dismissed, since the contractor neither sought such relief before the IAS court nor filed a notice of appeal from the court's order.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.