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MANANGHAYA v. BRONX-LEBANON HOSP.

326, 20191/13, 83819/13, 83953/13.

136 A.D.3d 598 (2016)

25 N.Y.S.3d 600

2016 NY Slip Op 01409

MALOU MANANGHAYA et al., Plaintiffs, v. BRONX-LEBANON HOSPITAL et al., Defendants. NAPOLI TRANSPORTATION, INC., Doing Business as C&L TOWING SERVICES, INC., Third-Party Plaintiff, v. AGGREKO, LLC, Third-Party Defendant/Second Third-Party Defendant-Appellant. BRONX-LEBANON HOSPITAL CENTER, Second Third-Party Plaintiff-Respondent.

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

Decided February 25, 2016.

Order, Supreme Court, Bronx County (Lucindo Suarez, J.), entered January 9, 2014, which denied second third-party defendant's (Aggreko) motion to dismiss the second third-party complaint, pursuant to CPLR 3211 (a) (1), (7) and (8), unanimously affirmed, without costs.

The motion court correctly determined that the documentary evidence tendered by Aggreko — rental agreement terms and conditions unsigned by third-party plaintiff (the hospital) — did not...

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