Ordered that the order is reversed, on the law, with costs, and the appellant's motion for summary judgment dismissing the third-party complaint as against him is granted.
As the appellant originally pleaded, the third-party plaintiff was precluded from seeking contribution (see, General Obligations Law § 15-108 [c]) and was not entitled to indemnity (see, Nielsen v Greenman Bros., 123 A.D.2d 850; see also, Salonia v Samsol Homes, 119 A.D.2d 394). Thompson, J.P., Weinstein, Lawrence and Eiber, JJ., concur.