BREITFELD v. AGRAWAL


253 A.D.2d 477 (1998)

676 N.Y.S.2d 496

Marian Breitfeld, Individually and as Executor of Lawrence Breitfeld, Deceased, et al., Plaintiffs, v. Ashok Agrawal, Doing Business as Ashley Construction, et al., Defendants and Third-Party Plaintiffs-Respondents. North Shore Crane Service, Inc., et al., Third-Party Defendants-Appellants, et al., Third-Party Defendant. (And a Second Third-Party Action.)

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

August 17, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the motions are granted, the third-party complaint is dismissed insofar as asserted against the appellants, and the third-party action against the remaining third-party defendant is severed.

The appellants met their initial burden of coming forward with admissible evidence reciting the material facts and showing that the third-party complaint has no merit insofar as asserted...

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