Brooks v. Maintenance Service Resources, Inc.

(dissenting and voting to affirm the order insofar as appealed and cross-appealed from, with the following memorandum): In light of my dissent from this Court’s determination of an appeal and cross appeal from an interlocutory judgment of the Supreme Court, Kings County, dated June 28, 2005 (see Brooks v Maintenance Serv. Resources, Inc., 44 AD3d 887 [2007] [decided herewith]), I would not dismiss the appeal and cross appeals as academic. Rather, I would hold that the Supreme Court providently exercised its discretion in granting the defendant *893third-party plaintiff and the third-party…