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GENTILE v. MERRILL LYNCH

9 Misc.3d 111 (2005)

805 N.Y.S.2d 220

FRANK T. GENTILE et al., Plaintiffs, v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., et al., Defendants. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Third-Party Plaintiff-Respondent, v. SERVICE FORCE, INC., Third-Party Defendant-Appellant.

Supreme Court, Appellate Term, First Department.

October 7, 2005.

Attorney(s) appearing for the Case

Sokol, Behot & Fiorenzo, Hackensack, New Jersey (Mitchell B. Levine of counsel), for Service Force, Inc.

Burns, Russo, Tamigi & Reardon, LLP, Mineola (Carole A. Burns of counsel), for Merrill Lynch, Pierce, Fenner & Smith, Inc.

SUAREZ, P.J., DAVIS and SCHOENFELD, JJ., concur.

OPINION OF THE COURT

Per Curiam.

Order dated April 21, 2004 reversed, with $10 costs, motion granted, and third-party action dismissed. The Clerk is directed to enter judgment accordingly.

Plaintiff Frank Gentile, an employee of third-party defendant Service Force, Inc., allegedly tripped on a "cut," raised floor tile, not of his making, and fell, suffering injury. Defendant Merrill Lynch, the owner...

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