YAKIMA TINGLING, plf-res, v. C.I.N.H.R., INC., def-ap, THYSSENKRUPP ELEVATOR CORPORATION, DEFENDANT THIRD-PARTY PLAINTIFFap; CENTRAL ISLAND NURSING HOME, INC., THIRD-PARTY def-res

YAKIMA TINGLING, plf-res, v. C.I.N.H.R., INC., def-ap, THYSSENKRUPP ELEVATOR CORPORATION, DEFENDANT THIRD-PARTY PLAINTIFFap; CENTRAL ISLAND NURSING HOME, INC., THIRD-PARTY def-res — (INDEX NO. 13186/04)In an action to recover damages for personal injuries and a third-party action to recover damages, inter alia, for breach of a contract to procure insurance, the defendant C.I.N.H.R., Inc., appeals from so much of an order of the Supreme Court, Queens County (Hart, J.), dated October 15, 2012, as denied its renewed motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, and the defendant third-party plaintiff, Thyssenkrupp Elevator Corporation, separately appeals from so much of the same order as denied its motion for summary judgment on its third-party causes of action for contractual indemnification and to recover damages for breach of contract, and granted the cross motion of the third-party defendant, Central Island Nursing Home, Inc., for summary judgment dismissing the third-party complaint.

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YAKIMA TINGLING, plf-res, v. C.I.N.H.R., INC., def-ap, THYSSENKRUPP ELEVATOR CORPORATION, DEFENDANT THIRD-PARTY PLAINTIFFap; CENTRAL ISLAND NURSING HOME, INC., THIRD-PARTY def-res — (INDEX NO. 13186/04)In an action to recover damages for personal injuries and a third-party action to recover damages, inter alia, for breach of a contract to procure insurance, the defendant C.I.N.H.R., Inc., appeals from so much of an order of the Supreme Court, Queens County (Hart, J.), dated October 15, 2012, as denied its renewed motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against it, and the defendant third-party plaintiff, Thyssenkrupp Elevator Corporation, separately appeals from so much of the same order as denied its motion for summary judgment on its third-party causes of action for contractual indemnification and to recover damages for breach of contract, and granted the cross motion of the third-party defendant, Central Island Nursing Home, Inc., for summary judgment dismissing the third-party complaint.

ORDERED that the order is modified, on the law, by deleting the provision thereof granting the cross motion of the third-party defendant, Central Island Nursing Home, Inc., for summary judgment dismissing the third-party complaint and substituting therefor a provision denying, as premature, the cross motion; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the defendant third-party plaintiff, Thyssenkrupp Elevator Corporation, payable by the third-party defendant, Central Island Nursing Home, Inc.

YAKIMA TINGLING, plf-res, v. C.I.N.H.R., INC., def-ap, THYSSENKRUPP ELEVATOR CORPORATION, DEFENDANT THIRD-PARTY PLAINTIFFap; CENTRAL ISLAND NURSING HOME, INC., THIRD-PARTY def-res

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