Wheeler v. Buxton Industrial Equipment Co.

In two related actions to recover damages for wrongful death, the third-party defendant in both actions, Babylon Iron Works, Inc., appeals from so much of an order of the Supreme Court, Suffolk County (Klein, J.), dated February 16, 2001, as denied its motions for summary judgment dismissing the third-party complaints insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, the motions are granted, and the third-party complaints are dismissed insofar as asserted against the appellant; and it is further,

Ordered that on the Court’s own motion, so…