DREXLER v. HIGHLIFT, INC.


277 A.D.2d 196 (2000)

715 N.Y.S.2d 722

CHRISTOPHER DREXLER et al., Plaintiffs, v. HIGHLIFT, INC., Defendant and Third-Party Plaintiff-Appellant. NEW YORK CITY TRANSIT AUTHORITY, Third-Party Defendant-Appellant; LULL INDUSTRIES, INC., Third-Party Defendant-Respondent.

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

Decided November 6, 2000.


Ordered that the order is reversed, with costs, the motion is denied, and the third-party complaint and the cross claim insofar as asserted against Lull Industries, Inc., are reinstated.

The third-party defendant Lull Industries, Inc. (hereinafter Lull), moved for summary judgment, but the Supreme Court dismissed the third-party complaint and the cross claim insofar as asserted against it on the ground that they failed to state a cause of action. The pleadings were...

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