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

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

DecidedFebruary 25, 2016

Docket326 20191/13 83819/13 83953/13

StatusPublished

This text of 136 A.D.3d 598 (Mananghaya v. Bronx-Lebanon Hospital) 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

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

Pincite

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.

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