Battaglia v. Toys "R" Us, Inc.

—In an action to recover damages for personal injuries, etc., (1) the third-party defendant Elm Transit Mix appeals, as limited by its *628brief, from so much of an order of the Supreme Court, Suffolk County (D’Emilio, J.), entered February 11, 1999, as denied its cross motion for summary judgment dismissing the third-party complaint and all claims insofar as asserted against it, (2) the defendant third-party plaintiff J.J. Flash Welding Corp., d/b/a Liberty Welding, cross-appeals from so much of the same order as denied its motion for summary judgment dismissing the complaint and all cross…