ANNIE INGRAM, plf-res, v. LONG ISLAND COLLEGE HOSPITAL, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT-res; AFMSM, INC., THIRD-PARTY def, FRESENIUS MEDICAL CARE, ETC., THIRD-PARTY DEFENDANT-res-res

ANNIE INGRAM, plf-res, v. LONG ISLAND COLLEGE HOSPITAL, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT-res; AFMSM, INC., THIRD-PARTY def, FRESENIUS MEDICAL CARE, ETC., THIRD-PARTY DEFENDANT-res-res — (DOCKET NO. 36311/06)In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Battaglia J.), dated June 9, 2011, as denied those branches of its cross motion which were for summary judgment dismissing the complaint and on its third-party causes of action for contractual and common-law indemnification, and the third-party defendant Fresenius Medical Care cross-appeals, as limited by its brief, from so much of the same order as denied those branches of its motion which were for summary judgment dismissing the complaint and the third-party complaint insofar as asserted against it.

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ANNIE INGRAM, plf-res, v. LONG ISLAND COLLEGE HOSPITAL, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT-res; AFMSM, INC., THIRD-PARTY def, FRESENIUS MEDICAL CARE, ETC., THIRD-PARTY DEFENDANT-res-res — (DOCKET NO. 36311/06)In an action to recover damages for personal injuries, the defendant third-party plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Battaglia J.), dated June 9, 2011, as denied those branches of its cross motion which were for summary judgment dismissing the complaint and on its third-party causes of action for contractual and common-law indemnification, and the third-party defendant Fresenius Medical Care cross-appeals, as limited by its brief, from so much of the same order as denied those branches of its motion which were for summary judgment dismissing the complaint and the third-party complaint insofar as asserted against it.

ORDERED that the order is reversed, on the law, with one bill of costs to the defendant third-party plaintiff and the third-party defendant Fresenius Medical Care, payable by the plaintiff, those branches of the cross motion of the defendant third-party plaintiff and the third-party defendant Fresenius Medical Care, which were for summary judgment dismissing the complaint are granted, that branch of the cross motion of the defendant third-party plaintiff which was for summary judgment on its third-party causes of action for contractual and common-law indemnification is denied as academic, and that branch of the motion of the third-party defendant Fresenius Medical Care which was for summary judgment dismissing the third-party complaint is granted.

ANNIE INGRAM, plf-res, v. LONG ISLAND COLLEGE HOSPITAL, DEFENDANT THIRD-PARTY PLAINTIFF-APPELLANT-res; AFMSM, INC., THIRD-PARTY def, FRESENIUS MEDICAL CARE, ETC., THIRD-PARTY DEFENDANT-res-res

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