HERNANDEZ v. DENINO ELECTRIC CONSTRUCTION CORPORATION


286 A.D.2d 418 (2001)

729 N.Y.S.2d 894

PABLO HERNANDEZ et al., Plaintiffs, v. DENINO ELECTRIC CONSTRUCTION CORPORATION, Defendant and Third-Party Plaintiff-Respondent. MARSH & McLENNAN COMPANIES, INC., et al., Third-Party Defendants; EDWARD S. GORDON COMPANY, INC., Third-Party Defendant-Appellant.

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

Decided August 20, 2001.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the third-party complaint is dismissed insofar as asserted against the appellant, and the third-party action against the remaining third-party defendants is severed.

The Supreme Court erred in denying the appellant's motion for summary judgment dismissing the third-party complaint insofar as asserted against it. The injured plaintiff did not suffer a grave injury within the meaning...

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