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LANG v. WARNER

121 A.D.2d 514 (1986)

Paul R. Lang, Plaintiff, v. William Warner et al., Defendants, and William Warner et al., Third-Party Plaintiffs-Respondents. Standard Brands, Inc., Third-Party Defendants-Appellants

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

June 16, 1986

Order reversed, on the law, with costs, motion granted, and third-party complaint dismissed.

When no facts establishing a cause of action are alleged or proved, summary judgment may be properly granted to a defendant (Barr v County of Albany, 50 N.Y.2d 247; Alvord & Swift v Muller Constr. Co., 46 N.Y.2d 276). Although the third-party complaint alleged a present intent not to...

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