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REILLY v. PATCHOGUE PROPS., INC.

2018-03065. Index No. 34556/12.

203 A.D.3d 765 (2022)

164 N.Y.S.3d 179

2022 NY Slip Op 01334

Brian Reilly, Appellant-Respondent, v. Patchogue Properties, Inc., Defendant/Third-Party Plaintiff-Respondent-Appellant. Matthew Hansen, Third-Party Defendant-Appellant-Respondent.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Alonso Krangle, LLP (Mischel & Horn, P.C., New York, NY [Scott T. Horn and Lauren E. Bryant], of counsel), for plaintiff-appellant-respondent.

Bennett Bricklin & Saltzburg LLC, New York, NY (Joseph DeDonato of counsel), for third-party defendant-appellant-respondent.

Miranda Sambursky Slone Sklarin Verveniotis LLP (Mauro Lilling Naparty LLP, Woodbury, NY [Matthew W. Naparty, Seth M. Weinberg, and Anthony F. Destefano], of counsel), for defendant third-party plaintiff-respondent-appellant.

Iannacci, J.P., Rivera, Maltese and Ford, JJ., concur.

Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant/third-party plaintiff's motion which was for summary judgment dismissing the complaint is denied, and the third-party defendant's motion for summary judgment dismissing the third-party complaint is granted; and it is further,

Ordered that the cross appeal is dismissed, as no appeal lies as of right from an order that does not decide a motion made on notice (see...

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