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DiGIAIMO v. CITY OF WHITE PLAINS

224 A.D.2d 382 (1996)

637 N.Y.S.2d 943

John Digiaimo, Respondent, v. City of White Plains, Defendant and Third-Party Plaintiff-Respondent. Playfield Industries, Inc., Third-Party Defendant-Appellant

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

February 5, 1996

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court that triable issues of fact exist (see, CPLR 3212 [b]) as to whether the third-party defendant Playfield Industries, Inc., is a "mere continuation" of All Pro Athletic Surfaces such that it may be held liable for the negligent acts alleged in the plaintiff's pleadings (see, Schumacher v Richards Schear Co., 59 N.Y.2d 239

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