Kadoic v. 1154 First Avenue Tenants Corp.

272 A.D.2d 158, 708 N.Y.S.2d 614, 2000 N.Y. App. Div. LEXIS 5397

Opinion

—Order, Supreme Court, New York County (Stephen Crane, J.), entered July 13, 1999, which, in an action by a laborer for personal injuries, insofar as appealed from, denied third-party defendant-appellant’s motion for summary judgment dismissing the third-party complaint as against it, unanimously affirmed, without costs.

There being no dispute on appeal that the third-party action cannot be maintained if appellant is a sole proprietorship owned by plaintiff, the motion was properly denied on the ground that an issue of fact exists as to whether appellant is a sole proprietorship or a partnership. Concur — Nardelli, J. P., Tom, Mazzarelli, Wallach and Andrias, JJ.