NUNEZ v. NORTH SHORE UNIVERSITY HOSPITAL

2011-01249

90 A.D.3d 1005 (2011)

934 N.Y.S.2d 844

2011 NY Slip Op 9606

ANTHONY NUNEZ, Respondent, v. NORTH SHORE UNIVERSITY HOSPITAL, Defendant/Third-Party Plaintiff-Respondent, et al., Defendant. SAMUEL COCKBURN & SONS, INC., Third-Party Defendant-Appellant.

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

Decided December 27, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the respondents, and the third-party defendant's motion for summary judgment dismissing the third-party complaint is granted.

The third-party defendant established its entitlement to judgment as a matter of law by establishing, prima facie, that it had no duty to maintain the area where the incident occurred and that it did not affirmatively create the alleged...

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