Heilmann v. Bronx River Associates

—In an action to recover damages for personal injuries, etc., Capco Burner Service appeals, as limited by its brief, from so much of an order of the Supreme Court, Westchester County (Burrows, J.), dated August 28, 1992, as denied the branch of its motion which was for summary judgment dismissing so much of the third-party complaint as is asserted against it based upon negligence, and the cross-claims and counterclaims asserted by L.J. Coppola, Inc., against it based upon negligence.

Ordered that the order is reversed insofar as appealed from, on the law, and the motion by Capco Burner Service…