Curcio v Roman Catholic Diocese of Rockville Ctr.
2004 NY Slip Op 03077 [6 AD3d 646]
April 26, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 30, 2004


Jacqueline Curcio et al., Respondents,
v
Roman Catholic Diocese of Rockville Centre et al., Defendants and Third-Party Plaintiffs-Respondents. Town of Oyster Bay, Third-Party Defendant-Appellant.

—[*1]In an action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Nassau County (Jonas, J.), entered May 22, 2003, which denied its motion for summary judgment dismissing the complaint and the third-party complaint.

Ordered that the order is affirmed, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

There are issues of fact requiring the denial of summary judgment. Santucci, J.P., Florio, Schmidt and Rivera, JJ., concur.