Gomez v. City of New York

*483Order, Supreme Court, New York County (Karen S. Smith, J.), entered August 31, 2009, which denied the motion of third-party defendant Columbus Construction Corporation (Columbus) pursuant to CPLR 1010 to dismiss the third-party complaint, unanimously reversed, on the law and the facts, without costs, the motion granted, and the third-party complaint dismissed, without prejudice. The Clerk is directed to enter judgment accordingly.

Plaintiff was allegedly injured in August 2001 when, while walking on a public street, he tripped and fell in a hole located near the curb on the milled roadway.…