Mosca v. Pensky

In a negligence action to recover damages for personal injuries, etc., one of the third-party defendants, the Village of Pelham Manor, appeals from so much of an order of the Supreme Court, Westchester County, dated September 5, 1972, as (1) granted the motion of defendant third-party plaintiff, Herbert Pensky, to reargue a prior motion of said third-party defendant to dismiss the third-party complaint as against said third-party defendant; (2) vacated and recalled the decision of said court dated January 8, 1971 and the order of said court entered January 22, 1971, which decision and order…