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NISSAN MOTOR ACCEPTANCE CORPORATION v. ROSEN

269 A.D.2d 434 (2000)

702 N.Y.S.2d 920

NISSAN MOTOR ACCEPTANCE CORPORATION, Plaintiff, v. SHARI L. ROSEN, Defendant and Third-Party Plaintiff-Appellant. GLENN FOX et al., Third-Party Defendants; MERCHANTS & BUSINESS MEN'S MUTUAL INSURANCE COMPANY et al., Third-Party Defendants-Respondents.

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

Decided February 14, 2000.

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

The defendant third-party plaintiff failed to establish her entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557; Perna v Ellner, 262 A.D.2d 620; Revelo v Weithorn, 253 A.D.2d 869). Therefore, her motion for summary judgment was...

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