| Fowler v Trataros Constr. |
| 2004 NY Slip Op 02536 [6 AD3d 385] |
| April 5, 2004 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Clare Fowler, Respondent, v Trataros Construction, Inc., Defendant and Third-Party Plaintiff-Respondent, and RWKS Transit, Inc., et al., Defendants and Third-Party Plaintiffs-Respondents-Appellants. New York Acoustics, Inc., Third-Party Defendant-Appellant-Respondent. |
—[*1]In an action to recover damages for personal injuries, the third-party and second third-party defendant, New York Acoustics, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated October 3, 2002, as denied its motion for [*2]summary judgment dismissing the third party and second third-party complaints, and the defendants RWKS Transit, Inc., Impulse Enterprises of New York, Inc., and F&V/V&R/M&W Joint Venture, cross-appeal, as limited by their brief, from so much of the same order as denied their cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Ordered that the order is affirmed, without costs or disbursements.
There are issues of fact requiring the denial of summary judgment. Prudenti, P.J., Smith, Goldstein and Crane, JJ., concur.