Ramirez v. Cablevision Systems Corp.Ramirez v. Cablevision Systems Corp.
—In an action to recover damages for personal injuries, the plaintiff appeals, as limited by his brief, from so much of an order of the Supreme Court, Nassau County (Lockman, J.), dated September 3, 1998, as denied his cross motion for summary judgment on his cause
Ordered that the order is affirmed, without costs or disbursements.
The evidence submitted does not exclude the possibility that some factor other than the alleged violation of Labor Law § 240 (1) might have been the proximate cause of the accident, and the plaintiff thus failed to establish his right to summary judgment on the issue of liability under that statute (see, Fernicola v Benenson Capital Co.,
The Supreme Court correctly denied the motion insofar as it sought a conditional order of indemnification pending the trial of the main action, on the basis that such an order would violate the anti-subrogation rule. Pursuant to that rule, the third-party defendant will be liable to the defendant third-party plaintiff only to the extent that the plaintiff obtains a recovery which exceeds the limits of the liability insurance policy purchased by the third-party defendant in which the defendant third-party plaintiff is named as an additional insured (see, North Star Reins. Corp. v Continental Ins. Co.,
The parties’ remaining contentions are without merit. Bracken, J. P., Joy, Goldstein and Luciano, JJ., concur.