Appellate Division of the Supreme Court of the State of New York June 18, 1999, Appeal No. 3 (Puckett v. County of Erie)

—Order unanimously modified on the law and as modified affirmed without costs in accordance with following Memorandum: Supreme Court properly granted the cross motion of third-party defendant, Collana Brothers Construction Company, Inc. (Collana), seeking summary judgment on its cross claim for common-law and contractual indemnification against defendant Donald J. Braasch Construction, Inc.