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LAWSON v. RUTLAND NURSING HOME, INC.

65 A.D.3d 572 (2009)

883 N.Y.S.2d 721

JERNINE LAWSON, Plaintiff, v. RUTLAND NURSING HOME, INC., et al., Defendants and Third-Party Plaintiffs-Respondents. COPY RIGHT, INC., Third-Party Defendant-Appellant.

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

Decided August 11, 2009.

Ordered that the order is affirmed, with costs.

The third-party defendant (hereinafter the appellant) made a prima facie showing of entitlement to judgment as a matter of law dismissing the third-party complaint (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). However, in opposition to the motion, the defendants third-party plaintiffs (hereinafter the respondents) raised triable issues of fact. Among other...

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