BRENNER v. LEO


288 A.D.2d 414 (2001)

734 N.Y.S.2d 845

CARY BRENNER et al., Respondents, v. MARYANN LEO et al., Defendants, MYUNG HI HWANG, Respondent, and AAAA YORK, INC., et al., Appellants. (Action No. 1.) GREGORY C. PAVLIDES et al., Plaintiffs, v. MICHAEL LEO et al., Defendants and Third-Party Plaintiffs. MYUNG HI HWANG, Third-Party Defendant-Respondent; AAAA YORK, INC., et al., Third-Party Defendants-Appellants. (Action No. 2.)

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

Decided November 26, 2001.


Ordered that the orders are reversed, on the law, with costs, the motions are granted, the complaint in Action No. 1, the third-party complaint in Action No. 2, and all cross claims are dismissed insofar as asserted against the appellants, and the actions against the remaining defendants and third-party defendant are severed.

The Supreme Court erred in denying the appellants' motions for summary judgment dismissing the complaint in Action No. 1, the third-party complaint...

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