KEELEY v. TRACY


301 A.D.2d 502 (2003)

753 N.Y.S.2d 519

SEAN KEELEY, Plaintiff, v. JOHN J. TRACY et al., Defendants and Third-Party Plaintiffs-Respondents, and ZACHARY & TRACY, P.C., Respondent. ZALMAN & SCHNURMAN, Third-Party Defendant-Appellant.

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

Decided January 13, 2003.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the third-party complaint is granted, and that branch of the motion which was to dismiss the cross claims of Zachary & Tracy, P.C., insofar as asserted against the appellant, is granted in its entirety.

The third-party complaint and the cross claims against the appellant must be dismissed because there is no factual...

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