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LUCIERE v. RAHNER

003895/08.

29 Misc.3d 963 (2010)

909 N.Y.S.2d 329

RYAN LUCIERE, Plaintiff, v. MICHAEL RAHNER et al., Defendants. LTGO INC., Individually and Doing Business as THE NUTTY IRISHMAN, Third-Party Plaintiff, v. JAMES MAE, JR., et al., Third-Party Defendants.

Supreme Court, Nassau County.

Decided September 29, 2010.

Attorney(s) appearing for the Case

Rubin & Licatesi, P.C., Garden City ( Jason S. Firestein of counsel), for Ryan Luciere, plaintiff.

Huenke & Rodriguez, Melville ( Glen P. Rodriguez of counsel), for Michael Hoenig, third-party defendant.

Devitt Spellman Barrett, LLP, Smithtown ( Larry M. Shaw of counsel), for James Mae, Jr., third-party defendant.

Muscarella & DiRaimo, LLP, Garden City South, for Michael Rahner and another, defendants.

O'Connor & Redd, LLP, White Plains, for The Nutty Irishman, defendant and third-party plaintiff.

OPINION OF THE COURT

RANDY SUE MARBER, J.

The plaintiff, Ryan Luciere, moves pursuant to CPLR 3211 (a) (7) for an order dismissing the third-party complaint on the grounds that the third-party complaint fails to state a legal cause of action. The third-party defendants, Michael Hoenig and James Mae, Jr., also move, pursuant to CPLR 3211 (a) (7), based upon similar grounds. The motion and cross motions are decided as hereinafter provided.

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