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GARVEY v. RICHY

4 A.D.3d 327 (2004)

770 N.Y.S.2d 892

MARY GARVEY, Plaintiff, v. NANCY A. RICHY et al., Defendants and Third-Party Plaintiffs-Respondents. STEVE H. SCHAFFNER, Third-Party Defendant-Appellant.

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

February 2, 2004.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the third-party complaint is dismissed, and the main action is severed.

The third-party defendant, Steve H. Schaffner, met his burden of establishing his entitlement to judgment as a matter of law (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). Based on the undisputed testimony of the parties, the subject motor vehicle accident occurred...

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