By Duffy, J.P.; Maltese, Taylor, Ventura, JJ.
ANGEL QUEZADA, res, v. STRUCTURE TONE, INC., res-app, VORNADO REALTY TRUST, ET AL., app-res, ET AL., def — (Index No. 12419/15) McCarthy & Associates, Melville, NY (Michael D. Kern of counsel), for appellants-respondents. Barry McTiernan & Moore LLC, New York, NY (Laurel A. Wedinger and Allison Snyder of counsel), for respondent-appellant. Hoshovsky Law Firm LLC, New York, NY (Serhiy Hoshovsky of counsel), for respondent. In an action to recover damages for personal injuries, the defendants Vornado Realty Trust and SL Green Realty Corp. appeal, and the defendant Structure Tone, Inc., cross-appeals, from an order of the Supreme Court, Queens County (Chereé A. Buggs, J.), entered September 24, 2019. The order, insofar as appealed from, denied the motion of the defendants Vornado Realty Trust and SL Green Realty Corp. for summary judgment dismissing the complaint insofar as asserted against them and on their cross-claims for contractual and common-law indemnification against the defendant Structure Tone, Inc. The order, insofar as cross-appealed from, denied the motion of the defendant Structure Tone, Inc., for summary judgment dismissing the complaint and all cross-claims insofar as asserted against it. ORDERED that the order is modified, on the law, by deleting the provision thereof denying those branches of the motion of the defendant Structure Tone, Inc., which were for summary judgment dismissing the complaint insofar as asserted against it and the cross-claim of the defendants Vornado Realty Trust and SL Green Realty Corp. for common-law indemnification against it, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the plaintiff payable by the defendants Vornado Realty Trust and SL Green Realty Corp., and one bill of costs to the defendant Structure Tone, Inc., payable by the plaintiff. The plaintiff commenced this action against, among others, the defendants Vornado Realty Trust (hereinafter Vornado), SL Green Realty Corp. (hereinafter SL Green), and Structure Tone, Inc. (hereinafter Structure Tone), to recover damages for personal injuries he alleged he sustained when he tripped and fell over a stub-up pipe protruding from one of the steps of a staircase on certain commercial premises located in Manhattan (hereinafter the premises). The plaintiff alleged, inter alia, that on the date at issue, the premises were owned, operated, and/or controlled by Vornado, SL Green, and Structure Tone. Thereafter, Vornado and SL Green moved for summary judgment dismissing the complaint insofar as asserted against them and on their cross-claims for contractual and common-law indemnification against Structure Tone. Structure Tone moved for summary judgment dismissing the complaint and all cross-claims insofar as asserted against it. In an order entered September 24, 2019, the Supreme Court denied the separate motions. Vornado and SL Green appeal, and Structure Tone cross-appeals.
