Rohring v. City of Niagara Falls

Order unanimously reversed on the law without costs, motion denied, third-party complaint reinstated and stay vacated. Memorandum: Supreme Court erred in granting the motion of third-party defendant Falls Steel Erectors, Inc. (Falls Steel) to renew and, upon such renewal, granting Falls Steel’s motion for summary judgment dismissing the third-party complaint of the City of Niagara Falls (City). That same relief had been previously denied by Supreme Court in its order of January 24, 1990, which granted the City’s motion to dismiss Falls Steel’s affirmative defenses and denied Falls Steel’s…