McDaniel v. Bonizzi

In an action to recover damages for personal injuries, the defendant Joseph Ruscitti, Inc. appeals from an order of the Supreme Court, Orange County (Ritter, J.), dated November 16, 1987, which granted the motion of the defendant County of Orange for summary judgment in its favor on its cross claim against the defendant Joseph Ruscitti, Inc.

Ordered that the order is reversed, on the law, with costs, and the motion is denied.

We do not agree with the court’s finding that the county produced sufficient evidence to establish that "any liability that may be cast upon the County in this lawsuit…