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WASEK v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

5262, 108974/06.

85 A.D.3d 440 (2011)

924 N.Y.S.2d 268

2011 NY Slip Op 4737

MACIEJ WASEK, Plaintiff, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION et al., Defendants/Third-Party Plaintiffs-Respondents. CONSTRUCTION FORCE SERVICES, INC., et al., Third-Party Defendants, and C FORCE SYSTEMS LLC, Third-Party Defendant-Appellant.

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

Decided June 7, 2011.

Given that discovery has not yet taken place regarding third-party plaintiffs' claim to pierce the corporate veil of third-party defendant Construction Force Services, Inc., with which they allegedly had an agreement for provision of insurance coverage, summary judgment is not warranted at this time (see CPLR 3212 [f]; see also Berkeley Fed. Bank & Trust v 229 E. 53rd St. Assoc., 242 A.D.2d 489 [1997]).

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