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JOHNSON v. INCORPORATED VILLAGE OF FREEPORT

279 A.D.2d 451 (2001)

719 N.Y.S.2d 96

NORMAN JOHNSON, Appellant-Respondent, v. INCORPORATED VILLAGE OF FREEPORT, Defendant and Third-Party Plaintiff-Respondent-Appellant. MASS ELECTRIC CONSTRUCTION CO., Respondent-Appellant, and T. MORIARTY & SONS, INC., Appellant. ROSE FENCE COMPANY, Third-Party Defendant-Respondent, et al., Third-Party Defendant. (And Other Titles.)

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

Decided January 8, 2001.

Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the motion of the defendant T. Moriarty & Sons, Inc., which was for summary judgment dismissing the complaint insofar as asserted against it and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, and the complaint is dismissed in its entirety; and it is further,

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