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VIOLA v. MILO

2009-09076.

79 A.D.3d 854 (2010)

912 N.Y.S.2d 417

CHRISTOPHER VIOLA, Appellant, v. JOSEPH MILO, Defendant/Third-Party Plaintiff-Respondent, et al., Defendant. ABOVE ALL CARTING, INC., Third-Party Defendant.

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

Decided December 14, 2010.

Ordered that the order dated July 29, 2009, is reversed insofar as appealed from, with one bill of costs payable by the defendant/third-party plaintiff and the third-party defendant, and, upon renewal, so much of the order dated March 26, 2008, as denied that branch of the motion of the defendant Joseph Milo which was for summary judgment dismissing the complaint insofar as asserted against him, is adhered to.

Upon renewal...

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