ELAINE SMITH, plf-res, v. SOUTH BAY HOME ASSOCIATION, INC., DEFENDANT THIRD-PARTY PLAINTIFF-res-ap, TOWN OF BROOKHAVEN, DEFENDANT-APPELLANT-res; CARPET EXPRESS, INC., THIRD-PARTY DEFENDANT-APPELLANT-res — (INDEX NO. 43734/08)In an action to recover damages for personal injuries, the defendant Town of Brookhaven appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Martin, J.), entered August 26, 2011, as denied its cross motion for summary judgment dismissing the complaint insofar as assert against it, or, in the alternative, for summary judgment on its cross claim seeking common-law indemnification from the defendant South Bay Home Association, Inc., the third-party defendant, Carpet Express, Inc., separately appeals from so much of the same order as denied its motion for summary judgment dismissing the thirdparty complaint, and the defendant third-party plaintiff, South Bay Home Association, Inc., cross-appeals, as limited by its brief, from so much of the same order as denied its motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it and denied its cross motion for summary judgment on its cross claim seeking contractual indemnification from the defendant Town of Brookhaven.
ORDERED that the order is reversed, on the law, with one bill of costs payable by the plaintiff to the defendant Town of Brookhaven and the defendant third-party plaintiff, South Bay Home Association, Inc., and one bill of costs payable by the defendant third-party plaintiff, South Bay Home Association, Inc., to the third-party defendant, Carpet Express, Inc., that branch of the cross motion of the defendant Town of Brookhaven which was for summary judgment dismissing the complaint insofar as asserted against it is granted, the motion of the third-party defendant, Carpet Express, Inc., for summary judgment dismissing the third-party complaint is granted, the motion of the defendant third-party plaintiff, South Bay Home Association, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against it is granted, and that branch of the cross motion of the defendant Town of Brookhaven which was for summary judgment on its cross claim seeking commonlaw indemnification from the defendant third-party plaintiff, South Bay Home Association, Inc., and the cross motion of the defendant third-party plaintiff, South Bay Home Association, Inc., for summary judgment on its cross claim seeking contractual indemnification from the defendant Town of Brookhaven are denied as academic.
