BASTA v. MACHICOTE


171 A.D.2d 832 (1991)

Mafalda Basta et al., Respondents, v. Tyrone A.J. Machicote, Defendant and Third-Party Plaintiff-Respondent. "John" Jewett et al., Third-Party Defendants. (Action No. 1.) Mafalda Basta et al., Respondents, v. Anderson N. Jewett et al., Appellants. (Action No. 2.)

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

March 25, 1991


Ordered that the orders are reversed, on the law, with one bill of costs payable by the plaintiffs-respondents and the third-party plaintiff-respondent appearing separately and filing separate briefs, the motions are granted, the plaintiff's complaint and the third-party complaint are dismissed insofar as they are asserted against the appellants, and Action No. 1 against the remaining defendant is severed.

In order to obtain summary judgment, the movant must establish...

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