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SCHIRMER v. PENKERT

41 A.D.3d 688 (2007)

840 N.Y.S.2d 796

ROBERT SCHIRMER et al., Respondents, v. ROBERT A. PENKERT, Defendant and Third-Party Plaintiff-Appellant. M & R MARCUS COMPANY EAST MEADOW, LTD., Third-Party Defendant-Respondent. (Action No. 1.) ROBERT SCHIRMER et al., Plaintiffs, v. UTICA FIRST INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent. ROBERT A. PENKERT, Third-Party Defendant-Appellant. (Action No. 2.) ROBERT A. PENKERT, Doing Business as WOODCLEFT CABINET CO., Appellant, v. UTICA FIRST INSURANCE COMPANY, Respondent, et al., Defendants. (Action No. 3.)

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

Decided June 19, 2007.

Ordered that the appeal from so much of the order as denied that branch of the appellant's motion which was for summary judgment on the third-party complaint in action No. 1 and granted that branch of the cross motion of the third-party defendant in action No. 1 which was for summary judgment dismissing the third-party complaint in that action is dismissed as academic, without costs or disbursements; and it is further,

Ordered that the order is modified, on the law...

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