In Hurley v. Best Buy Stores, L.P. (57 AD3d 239, 239-240, 868 N.Y.S.2d 657 [1st Dept 2008]), the Appellate Division, First Department, held that, because "defendants never moved for summary judgment dismissing the common-law negligence and Labor Law 200 causes of action against them, or otherwise established their freedom from negligence as a matter of law ... there is a possibility plaintiff could prevail on either such theory," and, consequently, it would be improper to grant defendants' motion for contractual indemnification against third-party defendants.