W.W. GLASS SYSTEM, INC., FOURTH-PARTY PLAINTIFF, v. METAL SALES CO., INC., Fourth-Party def

8794. W.W. GLASS SYSTEM, INC., FOURTH-PARTY PLAINTIFF, v. METAL SALES CO., INC., Fourth-Party def — [AND ANOTHER ACTION] METAL SALES CO., INC., THIRD FOURTH-PARTY plf-ap, v. H.R.A.D. CONSTRUCTION CORP. THIRD FOURTH-PARTY def-res — Litchfield Cavo LLP, New York (Joseph E. Boury of counsel), for ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Debra A. Adler of counsel), for H.R.A.D. Construction Corp. and HRAD/MRP J.V., LLC, res — Gruvman, Giordano & Glaws, LLP, New York (Charles T. Glaws of counsel), for Total Safety Consulting LLC, res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered July 6, 2011, which granted the motion of third fourth-party defendant Total Safety Consulting LLC and the cross motion of the third fourth-party HRAD defendants to dismiss the third fourth-party action, and denied third fourth-party plaintiff Metal Sales Co., Inc.'s cross motion to vacate portions of the court's orders entered November 10, 2010 and December 7, 2010 that dismissed its claims for common-law indemnification against Total Safety, and for renewal of its argument that its claim for common-law indemnification against Total Safety was viable, unanimously modified, on the law, to deny so much of Total Safety's motion and the HRAD defendants' cross motion as sought dismissal of Metal Sales' third fourth-party contribution claims, and otherwise affirmed, without costs.

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8794. W.W. GLASS SYSTEM, INC., FOURTH-PARTY PLAINTIFF, v. METAL SALES CO., INC., Fourth-Party def — [AND ANOTHER ACTION] METAL SALES CO., INC., THIRD FOURTH-PARTY plf-ap, v. H.R.A.D. CONSTRUCTION CORP. THIRD FOURTH-PARTY def-res — Litchfield Cavo LLP, New York (Joseph E. Boury of counsel), for ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, White Plains (Debra A. Adler of counsel), for H.R.A.D. Construction Corp. and HRAD/MRP J.V., LLC, res — Gruvman, Giordano & Glaws, LLP, New York (Charles T. Glaws of counsel), for Total Safety Consulting LLC, res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered July 6, 2011, which granted the motion of third fourth-party defendant Total Safety Consulting LLC and the cross motion of the third fourth-party HRAD defendants to dismiss the third fourth-party action, and denied third fourth-party plaintiff Metal Sales Co., Inc.’s cross motion to vacate portions of the court’s orders entered November 10, 2010 and December 7, 2010 that dismissed its claims for common-law indemnification against Total Safety, and for renewal of its argument that its claim for common-law indemnification against Total Safety was viable, unanimously modified, on the law, to deny so much of Total Safety’s motion and the HRAD defendants’ cross motion as sought dismissal of Metal Sales’ third fourth-party contribution claims, and otherwise affirmed, without costs.

The court correctly dismissed Metal Sales’ common-law indemnification claims. Metal Sales failed to offer evidence showing that liability on its part, if any, was only vicarious vis—vis Total Safety or the HRAD defendants (see generally McDermott v. City of New York, 50 NY2d 211, 216-217 [1980]; Edge Mgt. Consulting, Inc. v. Blank, 25 AD3d 364, 367 [1st Dept 2006], lv dismissed 7 NY3d 864 [2006]).

W.W. GLASS SYSTEM, INC., FOURTH-PARTY PLAINTIFF, v. METAL SALES CO., INC., Fourth-Party def

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