Mananghaya v. Bronx-Lebanon Hospital

Appellate Division of the Supreme Court of New York

Mananghaya v. Bronx-Lebanon Hospital

136 A.D.3d 598, 25 N.Y.S.3d 600

Appellate Division of the Supreme Court of the State of New York·Decided February 25, 2016·No. 326 20191/13 83819/13 83953/13·Published

Opinion

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered January 9, 2014, which denied second third-party defendant’s (Aggreko) motion to dismiss the second third-party complaint, pursuant to CPLR 3211 (a) (1), (7) and (8), unanimously affirmed, without costs.

The motion court correctly determined that the documentary evidence tendered by Aggreko — rental agreement terms and conditions unsigned by third-party plaintiff (the hospital) — did not conclusively establish a defense to the second third-party complaint as a matter of law (see Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314, 326 [2002]).

Nor does Aggreko and the hospital’s course of conduct manifest that the hospital accepted the rental agreement terms and conditions (see Brown Bros. Elec. Contrs. v Beam Constr. Corp., 41 NY2d 397, 399-400 [1977]).

We have considered Aggreko’s remaining contentions and find them unavailing.

Concur — Friedman, J.P., Sweeny, Saxe and Gische, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered January 9, 2014, which denied second third-party defendant’s (Aggreko) motion to dismiss the second third-party complaint, pursuant to CPLR 3211 (a) (1), (7) and (8), unanimously affirmed, without costs.

The motion court correctly determined that the documentary evidence tendered by Aggreko — rental agreement terms and conditions unsigned by third-party plaintiff (the hospital) — did not conclusively establish a defense to the second third-party complaint as a matter of law (see Goshen v Mutual Life Ins. Co. of N.Y., 98 NY2d 314, 326 [2002]).

Nor does Aggreko and the hospital’s course of conduct manifest that the hospital accepted the rental agreement terms and conditions (see Brown Bros. Elec. Contrs. v Beam Constr. Corp., 41 NY2d 397, 399-400 [1977]).

We have considered Aggreko’s remaining contentions and find them unavailing.

Concur — Friedman, J.P., Sweeny, Saxe and Gische, JJ.

Mananghaya v. Bronx-Lebanon Hospital, 136 A.D.3d 598, 25 N.Y.S.3d 600 (N.Y. Ct. App. 2016).

Pincite

136 A.D.3d 598 (Mananghaya v. Bronx-Lebanon Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related