82 A.D.2d 768 | N.Y. App. Div. | 1981
Order and judgment (one paper), Supreme Court, Bronx County (Callahan, J.), entered May 28, 1980, which, inter alia, upon a jury verdict, found for plaintiff against defendant on the issue of liability only, unanimously modified, on the law, without costs or disbursements, to strike the second and fourth decretal paragraphs, to remand the third-party action to Trial Term for an apportionment of liability among the parties thereto under the third-party plaintiff’s common-law indemnification and contribution claims and for a trial of its contractual indemnification claim, and, except as thus modified, affirmed. Plaintiff suffered injuries when she fell on a wet stairway in premises leased by the defendant third-party plaintiff to her employer, the third-party defendant. We find that the evidence was sufficient