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PRASS v. VIVA LOCO OF 110, INC.

275 A.D.2d 403 (2000)

712 N.Y.S.2d 620

FRANK PRASS et al., Appellants, v. VIVA LOCO OF 110, INC., Defendant and Third-Party Plaintiff-Respondent. UNITED RANGER, INC., Doing Business as UNITED ELECTRONICS COMPANY, et al., Third-Party Defendants.

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

Decided August 21, 2000.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the matter is remitted to the Supreme Court, Suffolk County, for a trial on the issue of damages.

In September 1994 the defendant third-party plaintiff, Viva Loco of 110, Inc. (hereinafter Viva Loco) leased certain premises in Huntington (hereinafter the worksite). It then hired, among others, the third-party defendant, United Ranger, Inc., d/b/a United Electronics Company (hereinafter...

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