MARINELLI v. OCEANSIDE KNOLLS, INC

Ordered that the interlocutory judgment is modified, on the law, by deleting the provision awarding attorney's fees and expenses in the sum of $10,270, and remitting the matter to the Supreme Court, Nassau County, for a hearing on the amount of reasonable attorney's fees and expenses to be awarded; as so modified, the interlocutory judgment is affirmed, with costs to the respondent.

We agree with the Supreme Court that the defendant third-party plaintiff was entitled to summary judgment on its third-party cause of action for common-law indemnification ( see, Eccleston v. Berakha, 233 A.D.2d 417; Dawson v. Pavarini Constr. Co., 228 A.D.2d 466; Danaher v. Notarfrancesco, 213 A.D.2d 444; McNair v. Morris Ave. Assocs., 203 A.D.2d 433).

However, the defendant third-party plaintiff is entitled to recover its attorney's fees and expenses incurred in defending the plaintiff's claim as part of its common-law indemnification claim ( see, Eccleston v. Berakha, supra). Since the reasonableness of the sum awarded cannot be determined on this record, the matter is remitted for a hearing on the amount of reasonable attorney's fees and expenses to be awarded.

O'Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.