Kassin v. Farciert

Appellate Division of the Supreme Court of New York

Kassin v. Farciert

245 A.D.2d 266, 666 N.Y.S.2d 7, 1997 N.Y. App. Div. LEXIS 12136

Appellate Division of the Supreme Court of the State of New York·Decided December 1, 1997·Published

Opinion

—In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated January 9, 1997, which denied his motion for summary judgment dismissing the third-party complaint and all third-party cross claims insofar as they are asserted against him.

Ordered that the order is affirmed, with costs.

Triable issues of fact (see, CPLR 3212 [b]) exist as to the manner in which the accident involved in this case occurred (see, Vasquez v Gonzalez, 143 AD2d 413). Miller, J. P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.

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—In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated January 9, 1997, which denied his motion for summary judgment dismissing the third-party complaint and all third-party cross claims insofar as they are asserted against him.

Ordered that the order is affirmed, with costs.

Triable issues of fact (see, CPLR 3212 [b]) exist as to the manner in which the accident involved in this case occurred (see, Vasquez v Gonzalez, 143 AD2d 413). Miller, J. P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.

Kassin v. Farciert, 245 A.D.2d 266, 666 N.Y.S.2d 7, 1997 N.Y. App. Div. LEXIS 12136 (N.Y. Ct. App. 1997).

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Opinion

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