Ramirez v. City of White Plains

In an action to recover damages for the negligent loss or theft of personal property, the defendant third-party plaintiff appeals from an order of the Supreme Court, Westchester County (Bellantoni, J.), entered September 23, 2005, which granted the third-party defendant’s motion for summary judgment dismissing the third-party complaint, and granted the plaintiffs separate motion for summary judgment on the issue of liability.

Ordered that the order is modified, on the law, by deleting the provision thereof granting the third-party defendant’s motion for summary judgment dismissing the…