Order, Supreme Court, Bronx County (Stanley Green, J.), entered March 22, 2006, which, inter alia, denied third-party defendant’s motion for summary judgment, unanimously affirmed, without costs.
The court properly denied that branch of third-party defendant tenant’s motion seeking dismissal of defendant landlord’s third-party claims for indemnification and contribution. As noted, there are triable issues as to whether negligence on the part of third-party defendant was a substantial factor in bringing about plaintiffs harm, and in advance of a determination as to liability and damages it is not possible to ascertain whether the particular contractual duty to indemnify set forth in the lease between the third-party litigants would be triggered. Concur—Buckley, EJ., Tom, Mazzarelli, Friedman and McGuire, JJ.
