ANDREE v. DEMOPOULOS


36 A.D.3d 731 (2007)

827 N.Y.S.2d 871

ASHLEY ANDREE et al., Plaintiffs, v. RITA DEMOPOULOS et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant. WINTHROP-UNIVERSITY HOSPITAL ASSOCIATION, Third-Party Defendant-Respondent. (And a Second Third-Party Title.)

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

Decided January 23, 2007.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs to the respondents appearing separately and filing separate briefs.

The Supreme Court properly granted those branches of the motion of the third-party defendant Winthrop University Hospital Association (hereinafter the hospital) which were to dismiss the third-party complaints pursuant to CPLR 3211 (a) (7).

"`[B]efore a party may recover in tort for pecuniary loss sustained...

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