COONEY v. OSGOOD MACH., INC.


174 A.D.2d 1046 (1991)

Dennis J. Cooney, Respondent, v. Osgood Machinery, Inc., Respondent and Third-Party Plaintiff-Respondent. Hill Acme Company, Third-Party Defendant-Appellant; Paul Mueller Company et al., Third-Party Defendants-Respondents

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

June 7, 1991


Order affirmed without costs.

Memorandum:

We conclude that this case is not appropriate for summary disposition. It should be determined on a full record.

Pine, J. (dissenting).

I must dissent in part. The majority fails to specify whether in its view the moving party failed to meet its initial burden to establish its entitlement to summary judgment as a matter of law or whether in...

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