Appellate Division of the Supreme Court of the State of New York April 27, 2000 (Potter v. M.A. Bongiovanni, Inc.)

Graffeo, J.

Appeal from an order of the Supreme Court (Mugglin, J.), entered June 14, 1999 in Otsego County, which, inter alia, granted third-party plaintiff’s motion for summary judgment seeking a conditional order of indemnification against third-party defendant.

This case arises out of injuries sustained by plaintiff James R.