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HEILMANN v. BRONX RIVER ASSOCS.

204 A.D.2d 393 (1994)

611 N.Y.S.2d 884

Poul Heilmann et al., Respondents, v. Bronx River Associates, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. Capco Burner Service, Third-Party Defendant-Appellant; L.J. Coppola, Inc., Third-Party Defendant-Respondent. (And Other Related Titles.)

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

May 9, 1994

Ordered that the order is reversed insofar as appealed from, on the law, and the motion by Capco Burner Service for summary judgment dismissing so much of the third-party complaint and the cross claims and counterclaims by L.J. Coppola, Inc., as are asserted against it based upon negligence is granted; and it is further,

Ordered that the appellant is awarded one bill of costs, payable by the respondents appearing separately and filing separate briefs.

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