Adamczyk v. Hillview Estates Development Corp.

—Order unanimously vacated without costs and third-party complaint dismissed. Memorandum: In Adamczyk v Hillview Estates Dev. Corp. (226 AD2d 1049), we modified Supreme Court’s order by granting defendant’s motion for summary judgment dismissing the complaint. Because defendant was successful in the primary action, its third-party action seeking common-law indemnification, including attorney’s fees, from third-party defendant must necessarily be dismissed (see generally, Bay Ridge Air Rights v State of New York, 44 NY2d 49, 54-56; Satta v City of New York, 272 App Div 782). We therefore vacate the order granting defendant’s motion for summary judgment in the third-party action and dismiss the third-party complaint. (Appeal from Order of Supreme Court, Erie County, Michalek, J.— Summary Judgment.) Present—Lawton, J. P., Fallon, Callahan, Doerr and Davis, JJ.

Case Details

Case Name: Adamczyk v. Hillview Estates Development Corp.

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Jul 12, 1996

Citation: 1996 N.Y. App. Div. LEXIS 8972

Court Abbreviation: N.Y. App. Div.