HERNANDEZ v. R & M AMUSEMENT, INC.


209 A.D.2d 472 (1994)

619 N.Y.S.2d 635

Roberto Hernandez et al., Respondents, v. R & M Amusement, Inc., et al., Defendants, and Amusement Realty Corp., Defendant and Third-Party Plaintiff-Appellant. R & M Distributing Corp., Third-Party Defendant-Respondent

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

November 14, 1994


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that material questions of fact exist precluding any award of summary judgment to the defendant third-party plaintiff Amusement Realty Corp. (see, Rudnitsky v Robbins, 191 A.D.2d 488, 489; cf., Hecht v Vanderbilt Assocs., 141 A.D.2d...

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