Wasek v New York City Health & Hosps. Corp., 2011 NY Slip Op 04737 [85 AD3d 440]

June 7, 2011

Appellate Division, First Department

— [*1]

Quirk and Bakalor, P.C., New York (Debra E. Seidman of counsel), for appellant.

Michael A. Cardozo, Corporation Counsel, New York (Mordecai Newman of counsel), for respondents.

Order, Supreme Court, New York County (Barbara Jaffe, J.), entered August 10, 2010, which, insofar as appealed from, in this action for personal injuries sustained at a construction site, denied the motion of third-party defendant C Force Systems for summary judgment dismissing the third-party complaint as against it, unanimously modified, on the law, to the extent of dismissing the third-party complaint’s common-law and contractual indemnification claims, and otherwise affirmed, without costs.

Given that discovery has not yet taken place regarding third-party plaintiffs’ claim to pierce the corporate veil of third-party defendant Construction Force Services, Inc., with which they allegedly had an agreement for provision of insurance coverage, summary judgment is not warranted at this time ( see CPLR 3212 [f]; see also Berkeley Fed. Bank & Trust v 229 E. 53rd St. Assoc. , 242 AD2d 489 [1997]).

[*2] Since third-party plaintiffs state that they are no longer seeking recovery on their common-law and contractual indemnification claims, those claims are dismissed. Concur—Saxe, J.P., DeGrasse, Freedman, Abdus-Salaam and Manzanet-Daniels, JJ. [Prior Case History: 2010 NY Slip Op 32101(U).].