Sunbelt Rentals, Inc. v. Tempest Windows, Inc.

In an action, inter alia, to recover damages for breach of contract, the defendant third-party defendant appeals from so much of an order of the Supreme Court, Kings County (Silber, J.), dated January 7, 2011, as denied its motion pursuant to CPLR 3211 (a) to dismiss the third-party complaint, and granted that branch of the cross motion of the defendants third-party plaintiffs which was for summary judgment on the first cause of action in the third-party complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion of the defendant third-party…