McClure v. Schindler Elevator Corp.

Appellate Division of the Supreme Court of New York

McClure v. Schindler Elevator Corp.

279 A.D.2d 461, 718 N.Y.S.2d 862, 2001 N.Y. App. Div. LEXIS 190

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

DecidedJanuary 8, 2001

StatusPublished

This text of 279 A.D.2d 461 (McClure v. Schindler Elevator Corp.) 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

McClure v. Schindler Elevator Corp., 279 A.D.2d 461, 718 N.Y.S.2d 862, 2001 N.Y. App. Div. LEXIS 190 (N.Y. Ct. App. 2001).

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Opinion

In an action to recover damages for personal injuries, the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Jones, J.), dated September 29, 1999, as, upon renewal, adhered to so much of a prior order of the same court (Rappaport, J.), dated February 4, 1999, as denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that triable issues of fact exist precluding summary judgment in favor of the third-party defendant (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557). Friedmann, J. P., Goldstein, H. Miller and Schmidt, JJ., concur.

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In an action to recover damages for personal injuries, the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Jones, J.), dated September 29, 1999, as, upon renewal, adhered to so much of a prior order of the same court (Rappaport, J.), dated February 4, 1999, as denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

We agree with the Supreme Court that triable issues of fact exist precluding summary judgment in favor of the third-party defendant (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 NY2d 557). Friedmann, J. P., Goldstein, H. Miller and Schmidt, JJ., concur.

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Bluebook (online)

279 A.D.2d 461, 718 N.Y.S.2d 862, 2001 N.Y. App. Div. LEXIS 190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclure-v-schindler-elevator-corp-nyappdiv-2001.

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