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Ralph Kassin, Respondent, v. Marco Farciert et al., Respondents, and Donald Santiago, Jr., et al., Defendants and Third-Party Plaintiffs-Respondents. Nicola Radisic, Third-Party Defendant-Appellant

New York Supreme Court, Appellate Division1997-12-01
245 A.D.2d 266666 N.Y.S.2d 7

Authorities cited

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Opinion

majority opinion

—In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Kings County (Rappaport, J.), dated January 9, 1997, which denied his motion for summary judgment dismissing the third-party complaint and all third-party cross claims insofar as they are asserted against him.

Ordered that the order is affirmed, with costs.

Triable issues of fact (see, CPLR 3212 [b]) exist as to the manner in which the accident involved in this case occurred (see, Vasquez v Gonzalez, 143 AD2d 413). Miller, J. P., Ritter, Sullivan, Santucci and McGinity, JJ., concur.