Murray v. Schmidt

*542—In an action to recover damages for personal injuries, etc., the third-party defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated December 30, 1991, which denied his motion for summary judgment dismissing the third-party complaint.

Ordered that the order is reversed, on the law, the motion is granted, and the third-party complaint is dismissed, with one bill of costs payable by the respondents appearing separately and filing separate briefs.

We agree with the appellant’s contention that there is no basis to hold him liable for the happening of the…