FERNANDEZ v. ABALENE OIL CO., INC.

2010-09870

91 A.D.3d 906 (2012)

938 N.Y.S.2d 119

2012 NY Slip Op 750

THOMAS FERNANDEZ, as Administrator of the Estate of DWAYNE FERNANDEZ, Deceased, et al., Appellants-Respondents, v. ABALENE OIL CO., INC., et al., Defendants/Third-Party Plaintiffs-Respondents-Appellants, et al., Defendants/Third-Party Defendant, et al., Defendants. I.M.C. ANTENNA & TOWER, INC., Third-Party Defendant/Second Third-Party Plaintiff-Respondent, et al., Second Third-Party Defendants.

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

Decided January 31, 2012.


Ordered that the order is affirmed insofar as appealed from; and it is further,

Ordered that the order is reversed insofar as cross-appealed from, on the law, and those branches of the cross motion of the defendants/third-party plaintiffs Abalene Oil Co., Inc., AT & T Wireless Services, Inc., and Nextel of New York, Inc., which were for summary judgment dismissing the complaint insofar as asserted by the plaintiff Mark Fernandez against them and on the issue of...

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