Rodriguez v. Suffolk County

—In an action to recover damages for personal injuries, etc., the third-party defendant, Aqua Cool, appeals from an order of the Supreme Court, Suffolk County (Burke, J.), dated May 28, 2002, which denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.

While walking towards a building owned by the defendant third-party plaintiff, Reckson Operating Partnership, L.P. (hereinafter Reckson), the plaintiff Loyda Rodriguez (hereinafter the plaintiff),…