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WESTBROAD COMPANY v. PACE ELEVATOR INC.

37 A.D.3d 300 (2007)

829 N.Y.S.2d 529

WESTBROAD COMPANY, Respondent, v. PACE ELEVATOR INC., Defendant and Third-Party Plaintiff-Appellant. FLEMINGTON ELECTRICAL MAINTENANCE INC., Third-Party Defendant-Respondent.

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

Decided February 20, 2007.

A judgment having been entered prior to trial dismissing defendant's third-party complaint against the elevator company that plaintiff hired to fix the problems caused by defendant's negligent performance, we decline to consider so much of defendant's argument as presently challenges such dismissal (see D'Amico v New Castle Rent A Car Corp., 94 A.D.2d 686 [1983]; Glicksman v Smith, 43 A.D.2d 544

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