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LIVINGSTON v. KLEIN

256 A.D.2d 1214 (1998)

684 N.Y.S.2d 115

LORRAINE H. LIVINGSTON, Appellant-Respondent, v. ROBERT KLEIN et al., Defendants, and CLAIRE SANDROCK, Appellant and Third-Party Plaintiff-Respondent. RENALDO, MYERS & PALUMBO, P. C., et al., Third-Party Defendants-Appellants.

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

Decided December 31, 1998.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied defendant Claire Sandrock's motion for summary judgment dismissing the complaint. Questions of fact regarding what Sandrock knew or should have known about the well water potability and flow tests render summary judgment inappropriate (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320...

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