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TEIXEIRA v. EAST END COUNTRY KITCHENS INC.

260 A.D.2d 367 (1999)

687 N.Y.S.2d 697

JOSE TEIXEIRA, Plaintiff, v. EAST END COUNTRY KITCHENS, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. BI-COUNTY CONSTRUCTION CORP., Third-Party Defendant-Appellant.

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

Decided April 5, 1999.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.

The third-party defendant Bi-County Construction Corp. (hereinafter Bi-County) demonstrated its entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557). Contrary to the determination of the Supreme Court, Bi-County conclusively demonstrated that the plaintiff...

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