Majority
p. 266Ralph Kassin, Respondent, v Marco Farciert et al., Respondents, and Donald Santiago, Jr., et al., Defendants and Third-Party Plaintiffs-Respondents. Nicola Radisic, Third-Party Defendant-Appellant. [666 NYS2d 7]
—In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated January 9, 1997, which denied his motion for summary judgment dismissing the third-party complaint and all third-party cross claims insofar as they are asserted against him.
Ordered that the order is affirmed, with costs.
Triable issues of fact (see, CPLR 3212 [b]) exist as to the manner in which the accident involved in this case occurred (see, Vasquez v Gonzalez, 143 AD2d 413 ). Miller, J. P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.
Cases cited
- Vasquez v. Gonzalez 143 AD2d 413 p. 266