Hernandez v. R & M Amusement, Inc.

—In an action to recover damages for personal injuries, etc., the defendant third-party plaintiff Amusement Realty Corp. appeals from so much of an order of the Supreme Court, Queens County (Friedmann, J.), dated March 31, 1993, as denied (1) the branch of its motion which was for summary judgment dismissing the complaint insofar as asserted against it, and (2) the branch of its motion which was for summary judgment on its third-party complaint.

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

The Supreme Court properly determined that material questions of fact exist…