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HOOVER v. INTERNATIONAL BUSINESS MACHINES CORPORATION

35 A.D.3d 371 (2006)

825 N.Y.S.2d 736

CHRISTOPHER HOOVER, Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant and Third-Party Plaintiff-Respondent, et al., Defendants. GRUBB & ELLIS MANAGEMENT SERVICES, INC., Third-Party Defendant-Appellant.

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

Decided December 5, 2006.

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying the third-party defendant's motion for summary judgment dismissing the third-party complaint and substituting therefor a provision granting the motion for summary judgment dismissing the third-party complaint as academic except the claims to recover costs, disbursements, and attorney's fees incurred by the third-party plaintiff in defending the action, and (2) by deleting the provision...

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