PUENG FUNG v. 20 WEST 37TH STREET OWNERS, LLC

3098, 100468/04, 591045/04, 591054/06.

74 A.D.3d 635 (2010)

903 N.Y.S.2d 392

PUENG FUNG, Respondent, v. 20 WEST 37TH STREET OWNERS, LLC, et al., Defendants, CENTENNIAL ELEVATOR INDUSTRIES, INC., Respondent, and WINOKER REALTY COMPANY, INC., Appellant. (And Other Actions.).

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

Decided June 22, 2010.


Since Winoker's first motion for summary judgment was directed to co-defendant 20 West 37th Street Owners, LLC, the owner of the building, for defense and indemnification, its second motion for summary judgment was the first one directed to plaintiff's complaint, and, as such, was not an impermissible multiple motion (see Olszewski v Park Terrace Gardens, Inc., 18 A.D.3d 349 [2005]; Siegel, Practice Commentaries, McKinney's...

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