TADDEO v. 15 WEST 72ND STREET OWNERS CORP

ORDERED that the order is reversed, on the law, and the motion is granted conditionally in the event of the entry of a judgment awarding damages in favor of the plaintiff and against the defendant third-party plaintiff.

The Supreme Court erred in denying the motion of the defendant third-party plaintiff 15 West 72nd Street Owners Corp. (hereinafter 15 West), for summary judgment on the third-party complaint for common-law indemnification against Joyce Contracting Co. (hereinafter Joyce). After 15 West made out a prima facie case that it was entitled to summary judgment because it did not direct or control the plaintiff's work, Joyce failed to raise a triable issue of fact (see, Rivera v. D'Allesandro, 248 A.D.2d 522; Lopez v. 36-2nd J Corp., 211 A.D.2d 667 ; Richardson v. Matarese, 206 A.D.2d 354 ). Although liability has not been determined in this case, the motion for summary judgment on the third-party complaint for common-law indemnification is not premature and may be granted conditionally (see, Clark v. 345 E. 52nd St. Owners, 245 A.D.2d 410 ;Rice v. PCM Dev. Agency Co., 230 A.D.2d 898 ).

BRACKEN, J.P., THOMPSON, SULLIVAN, and KRAUSMAN, JJ., concur.