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  5. 54 N.Y.2d 619 (1981)
 

HERTZ CORP. v. DAHILL MOVING & STORAGE CO., INC.

54 N.Y.2d 619 (1981)

Hertz Corporation, Respondent, v. Dahill Moving and Storage Co., Inc., Defendant and Third-Party Plaintiff-Respondent. W. M. Ross and Co., Inc., Third-Party Defendant-Respondent; North River Insurance Company, Third-Party Defendant-Appellant, et al., Third-Party Defendant.

Court of Appeals of the State of New York.

Decided June 16, 1981.

Attorney(s) appearing for the Case

Roger P. McTiernan for third-party defendant-appellant.

Stanley Roth for plaintiff-respondent.

Robert A. Levy for defendant and third-party plaintiff-respondent.

Saul Goldstein and Steven B. Prystowsky for third-party defendant-respondent.

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.

On summary consideration, order, insofar as appealed from, affirmed, with costs. The claim of third-party defendant North River Ins. Co. that it was not apprised of the pendency of a motion for summary judgment against it is without merit. Having moved for summary judgment against the defendant and third-party plaintiff, Dahill Moving and Storage Co., Inc., North River exposed itself to an award of summary judgment in favor of Dahill. Moreover, North River was apprised of...

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