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  5. 82 A.D.2d 874 (1981)
 

JOHN T. BRADY & CO. v. DYNETICS, INC.

82 A.D.2d 874 (1981)

John T. Brady and Company, Appellant, v. Dynetics, Inc., Defendant and Third-Party Plaintiff. Vernitron Medical Products, Inc., et al., Doing Business as Vernitron Medical Products, a Division of Vernitron Corporation, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 22, 1981

Order reversed, on the law, with $50 costs and disbursements, plaintiff's motion for summary judgment is granted, and the cross claim asserted against plaintiff by the third-party defendant is dismissed.

To defeat plaintiff's motion for summary judgment, the third-party defendant (Vernitron) "was obliged to produce evidence, not just unsubstantiated allegations or assertions * * * of an intention [on the part of plaintiff...

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