Pitruzello v. Gelco Builders, Inc.

Order, Supreme Court, Bronx County (Barry Salman, J.), entered March 26, 2002, insofar as it denied the motion of third-party defendants Metro-North Commuter Railroad Company and Metropolitan Transportation Authority to dismiss the third-party complaint and cross claims, respectively, asserted against them, unanimously reversed, on the law, without costs or disbursements, and the motion granted. The Clerk is directed to enter judgment in favor of third-party defendants-appellants dismissing the third-party complaint and cross claims as against them.

This action arises out of an accident that…