Conner v Battery Park City Auth. (2006 NY Slip Op 09542)

Conner v Battery Park City Auth.

2006 NY Slip Op 09542 [35 AD3d 644]

December 19, 2006

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 14, 2007

Michael Conner et al., Respondents,
v
Battery Park City Authority, Defendant and Third-Party Plaintiff-Respondent. Otis Elevator Company, Third-Party Defendant-Appellant.

—[*1]In an action to recover damages for personal injuries, etc., the defendant third-party defendant, Otis Elevator Company, appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (F. Rivera, J.), dated July 19, 2005, as denied its motion for summary judgment dismissing the complaint, the third-party complaint, and all cross claims insofar as asserted against it.

Ordered that the order is affirmed insofar as appealed from, with costs to the plaintiffs.

There are issues of fact requiring the denial of summary judgment (see CPLR 3212). Prudenti, P.J., Krausman, Mastro and Rivera, JJ., concur.