October 1, 2020

Summary judgment in a premises negligence action.

Where, as here, there is a question of fact as to an owner's negligence in the cause of the accident, a motion for summary judgment on a contractual defense and indemnification claim must be denied as premature. 

Williams v. 2897 Third Ave., Inc., LLC, NY Slip Op 05171 (1st Dep't September 29, 2020)

Here is the decision.