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WILSON v. CITY OF NEW YORK

278 A.D.2d 410 (2000)

718 N.Y.S.2d 625

HARRY WILSON et al., Plaintiffs, v. CITY OF NEW YORK, Defendant, and G. PENZA & SONS, INC., Defendant and Third-Party Plaintiff-Respondent. JO-ANN McCLEAN, INC., Third-Party Defendant-Appellant, et al., Third-Party Defendant.

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

Decided December 18, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that the appellant did not establish its entitlement to judgment as a matter of law dismissing the third-party complaint insofar as asserted against it. The appellant failed in the first instance to "demonstrate the absence of any material issues of fact" (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324; see, St...

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