2001 Real Estate Space Catalyst, Inc. v. Campeau Corp. (U.S.), Inc.

Order of the Supreme Court, New York County (Beatrice Shainswit, J.), entered on February 9, 1988, which granted the motion by third-party plaintiff for summary judgment pursuant to CPLR 3212 and denied the cross motion by third-party defendant for summary judgment, is unanimously affirmed, with costs and disbursements.

*316The Supreme Court properly granted the motion by third-party plaintiff for summary judgment pursuant to CPLR 3212 and denied the cross motion by third-party defendant for the same relief. However, it should be noted that in connection with its appeal, third-party defendant…