Kelly v. Town of Brookhaven

Appellate Division of the Supreme Court of New York

Kelly v. Town of Brookhaven

206 A.D.2d 505, 615 N.Y.S.2d 279, 1994 N.Y. App. Div. LEXIS 7624

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 25, 1994

StatusPublished

This text of 206 A.D.2d 505 (Kelly v. Town of Brookhaven) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kelly v. Town of Brookhaven, 206 A.D.2d 505, 615 N.Y.S.2d 279, 1994 N.Y. App. Div. LEXIS 7624 (N.Y. Ct. App. 1994).

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Opinion

In two related actions to recover damages for personal injuries, the defendant third-party plaintiff in Action No. 1 appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), entered May 11, 1992, as granted the motion by the third-party defendant Ascon Distributing Corp. for summary judgment dismissing the third-party complaint and all cross claims against it, and the plaintiff in both actions separately appeals from so much of the same order as dismissed the complaint in Action No. 2.

[506]*506Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that there are no issues of fact which require a trial as to the liability of Ascon Distributing Corp. in either action (cf., Hughes v State of New York, 14 AD2d 449). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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In two related actions to recover damages for personal injuries, the defendant third-party plaintiff in Action No. 1 appeals, as limited by its brief, from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), entered May 11, 1992, as granted the motion by the third-party defendant Ascon Distributing Corp. for summary judgment dismissing the third-party complaint and all cross claims against it, and the plaintiff in both actions separately appeals from so much of the same order as dismissed the complaint in Action No. 2.

[506]*506Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

We agree with the Supreme Court that there are no issues of fact which require a trial as to the liability of Ascon Distributing Corp. in either action (cf., Hughes v State of New York, 14 AD2d 449). Mangano, P. J., Balletta, O’Brien, Hart and Florio, JJ., concur.

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Bluebook (online)

206 A.D.2d 505, 615 N.Y.S.2d 279, 1994 N.Y. App. Div. LEXIS 7624, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-town-of-brookhaven-nyappdiv-1994.

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