Balk v. City of New York

In an action to recover damages for personal injuries, etc., the defendant third-party defendant, Howard’s Tree Service Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Price, J.), dated June 13, 1996, as denied its motion for summary judgment dismissing (1) the complaint and all cross claims insofar as asserted against it, and (2) the third-party complaint.

*646Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, the appellant’s motion is granted, the complaint and all cross claims are dismissed…