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MATTSON v. OWENS

198 A.D.2d 914 (1993)

606 N.Y.S.2d 1013

Maila Mattson, Respondent, v. William D. Owens et al., Defendants David R. Perry, Third-Party Plaintiff-Respondent, v. Lancaster Motor Sports, Inc., et al., Third-Party Defendants, and Maple City Disposal et al., Third-Party Defendants-Appellants Kathryn McCulloch, Respondent, v. William D. Owens et al., Defendants David R. Perry, Third-Party Plaintiff-Respondent, v. Lancaster Motor Sports, Inc., et al., Third-Party Defendants, and Maple City Disposal, Third-Party Defendants-Appellants David R. Perry, Respondent, v. Lancaster Motor Sports, Inc., et al., Defendants, and Maple City Disposal et al., Appellants

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

November 19, 1993

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: In moving for summary judgment, defendants Maple City Disposal and Steven Smith, individually and doing business as Maple City Disposal (defendants) were required to establish their defense "sufficiently to warrant the court as a matter of law in directing judgment" in their favor (CPLR 3212 [b]; see, Iselin & Co. v Mann Judd Landau,...

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