CONTE v. KOSKINOU TRANS, INC.


278 A.D.2d 192 (2000)

716 N.Y.S.2d 903

JOHN CONTE, Plaintiff, v. KOSKINOU TRANS, INC., Defendant and Third-Party Plaintiff-Appellant, et al., Defendant. ORANGE COUNTY VEHICLE SALES, INC., Doing Business as MIDDLE TOWN HONDA, et al., Third-Party Defendants-Respondents.

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

Decided December 4, 2000.


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

Contrary to the appellant's contention, the Supreme Court did not prematurely grant summary judgment to the third-party defendants. In opposition to the prima facie case of the third-party defendants for judgment in their favor as a matter of law, the appellant failed to raise a triable issue of fact regarding the liability of the third-party defendants, and failed to explain how the discovery...

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