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KAPLAN v. NEVELE COUNTRY CLUB

91 A.D.2d 1064 (1983)

Murray Kaplan et al., Plaintiffs, v. Nevele Country Club, Defendant and Third-Party Plaintiff-Respondent. Central Hudson Gas & Electric Corp., Third-Party Defendant-Appellant

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

January 31, 1983

Order affirmed, with $50 costs and disbursements.

Special Term properly determined that the third-party defendant has not presented evidentiary facts clearly showing the nonexistence of any triable issue of fact (see Andre v Pomeroy, 35 N.Y.2d 361; Capelin Assoc. v Globe Mfg. Corp., 34 N.Y.2d 338, 341; Millerton Agway Coop. v Briarcliff Farms, 17 N.Y.2d 57...

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