Ottenstein v. City of New York

In an action to recover damages for personal injuries, the defendant/third-party defendant, Tri-Messine Construction Company, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Kings County (Sherman, J.), dated February 26, 2010, as denied its motion for summary judgment dismissing the complaint, the third-party complaint, and all cross claims insofar as asserted against it.

Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs payable by the plaintiff-respondent and the defendant-respondent, and the motion of the…