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VELEZ v. DIVISION NINE HOLDING CORP.

52 A.D.3d 292 (2008)

861 N.Y.S.2d 614

DAVID VELEZ, Plaintiff, v. DIVISION NINE HOLDING CORP., Defendant. (And Third Party Actions.) DIVISION NINE HOLDING CORP., Third Third-Party Plaintiff-Respondent, v. TULLY CONSTRUCTION CO., INC., Third Third-Party Defendant-Appellant.

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

Decided June 10, 2008.

The motion sought to avoid third-party liability by defeating plaintiff's claim against defendant/third third-party plaintiff. In order to obtain dismissal of the third third-party complaint by this means, third third-party defendant should have moved for summary judgment on both the third third-party complaint and the main complaint by putting all interested parties on notice that it was seeking dismissal of both. In the absence of a motion properly seeking dismissal of...

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