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Rothbort v. S.L.S. Management Corp.

185 A.D.2d 807 Court N.Y. App. Div. Decision date 1992-08-03 English

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p. 807
Sonia Rothbort et al., Plaintiffs, v S.L.S. Management Corp., Defendant and Third-Party Plaintiff-Respondent. Nelson Charlmers, Inc., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

— In an action to recover damages for personal injuries, etc., in which the defendant commenced a third-party action, inter alia, to recover damages for failure to defend pursuant to an insurance policy, the third-party defendant Nelson Charlmers, Inc. appeals from an order of the Supreme Court, Kings County (Krausman, J.), dated August

p. 808
13, 1990, which denied its motion to dismiss the third-party complaint insofar as it is asserted against it.

Ordered that the order is affirmed, without costs or disbursements.

The third-party plaintiffs pleading is sufficient to withstand a motion to dismiss pursuant to CPLR 3211 (a) (7). Balletta, J. P., O’Brien, Ritter and Copertino, JJ., concur.