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LICHTENSTEIN v. CONGREGATION BAIS YISROEL

41 A.D.3d 437 (2007)

835 N.Y.S.2d 913

ISRAEL LICHTENSTEIN et al., Plaintiffs, v. CONGREGATION BAIS YISROEL, Defendant and Third-Party Plaintiff, and Second Third-Party Plaintiff-Respondent et al., Defendants and Third-Party Defendants. HERMAN LEIMZIDER, Second Third-Party Defendant-Appellant.

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

Decided June 5, 2007.

Ordered that the order is affirmed, with costs.

Viewing the evidence in the light most favorable to the defendant third-party plaintiff/ second third-party plaintiff, Congregation Bais Yisroel (hereinafter the Congregation), as the nonmoving party (see Ogletree v Rush Realty Assoc., LLC, 29 A.D.3d 875 [2006]), the second third-party defendant, Herman Leimzider, failed to establish his entitlement to summary judgment dismissing...

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