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CIFONE v. ANDROS BROADWAY, INC.

40 A.D.3d 549 (2007)

836 N.Y.S.2d 599

ALBERT CIFONE, Plaintiff, v. ANDROS BROADWAY, INC., et al., Defendants, and ORION & GLOBAL CHARTERING CO., INC., Respondent and Third-PartyPlaintiff. LARSEN & RUGGIERO MECHANICAL et al., Third-Party Defendants-Appellants.

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

Decided May 31, 2007.

The third-party defendants demonstrated that they were entitled to summary judgment dismissing the third-party complaint inasmuch as they were plaintiff's employer and he did not suffer a grave injury (see Martelle v City of New York, 31 A.D.3d 400, 401 [2006]). Moreover, given third-party plaintiff Orion's failure to respond to third-party defendants' notice to admit, there is no doubt...

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