Livingston v. Klein

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied defendant Claire Sandrock’s motion for summary judgment dismissing the complaint. Questions of fact regarding what Sandrock knew or should have known about the well water potability and flow tests render summary judgment inappropriate (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324).

However, the court should have granted the motion of third-party defendants to dismiss the third-party complaint seeking contribution. CPLR 1401 enables a…