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Capobianco v. Woo Hsiem

249 A.D.2d 353 Court N.Y. App. Div. Decision date 1998-04-13 English

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p. 353
Guy Capobianco, Plaintiff, v Woo Hsiem, Also Known as Hsien Sao Wu, et al., Defendants and Third-Party Plaintiffs. Sam Ash Music Realty Corp., Third-Party Defendant and Fourth-Party Plaintiff-Respondent; Bruno R. “Doe”, Doing Business as B&R Landscaping, Fourth-Party Defendant-Appellant.
[670 NYS2d 366]

—In an action to recover damages for personal injuries, the fourth-party defendant Bruno Rossano d/b/a B&R Landscaping, appeals from so much of an order of the Supreme Court, Suffolk County (Hall, J.), entered May 12, 1997, as denied his motion for summary judgment dismissing the fourth-party complaint.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondent.

Issues of fact exist as to whether the fourth-party defendant Bruno Rossano d/b/a B&R Landscaping maintained the area where the plaintiff tripped and fell, and, if so, whether he was negligent in so doing (see, Farrar v Teicholz, 173 AD2d 674 ; Hath v Allied Maintenance Corp., 143 AD2d 634 ). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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