Legal Opinion
Tobias v. Manginelli
Appellate Division of the Supreme Court of the State of New York
Decided November 29, 1999PublishedCited by 4 opinions
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the third-party defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Queens County (Kitzes, J.), dated July 13, 1998, as denied their motion for summary judgment dismissing the third-party complaint.
Ordered that the order is affirmed insofar as appealed from, with costs to the respondents.
We agree with the Supreme Court that triable issues of fact exist precluding summary judgment in favor of the third-party defendants (see, Hurley v Izzo, 248 AD2d 674; Reid v Courtesy Bus Co., 234 AD2d 531).
W…
2Cases cited5 opinions
- Balcerak v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1999
- Hurley v. IzzoAppellate Division of the Supreme Court of the State of New York · 1998
- Reid v. Courtesy Bus Co.Appellate Division of the Supreme Court of the State of New York · 1996
- Calderone v. HarrelAppellate Division of the Supreme Court of the State of New York · 1997
- Hirsch v. SyrotaAppellate Division of the Supreme Court of the State of New York · 1998
3Cited by4 opinions
- Harleysville Insurance v. RosarioAppellate Division of the Supreme Court of the State of New York · 2005
- Keitel v. KurtzAppellate Division of the Supreme Court of the State of New York · 2008
- Guiterrez v. IannacciAppellate Division of the Supreme Court of the State of New York · 2007
- Pesce v. FernandezAppellate Division of the Supreme Court of the State of New York · 2016