Robinson v. Jewish Hospital and Medical Center of Brooklyn

—In an action to recover damages for medical malpractice, etc., the second third-party defendant Dr. Aziz appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Clemente, J.), dated September 18, 1987, as denied his motion for summary judgment and determined that issues of fact existed precluding dismissal of the second third-party complaint seeking indemnity and contribution.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly concluded that issues of fact existed concerning the identity of the employer of…