Smith v. AJ Contracting Co.

—In an action to recover damages for personal injuries, etc., the defendants third-party plaintiffs appeal, as limited by their notice of appeal and brief, from so much of an order of the Supreme Court, Kings County (Rappaport, J.), dated July 8, 1999, as granted that branch of the motion of the third-party defendant L & L Painting Co., Inc., which was for summary judgment dismissing their third-party claims sounding in breach of contract for failure to procure insurance.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the aforementioned branch of the…