Weitzner v. New York City Department of Social Services

—Order, Supreme Court, New York County (Alfred Lerner, J.), entered July 19, 1994, which granted the motion by the third-party defendant for summary judgment dismissing both the complaint and the third-party complaint and also granted the cross-motion by defendants to the extent of granting summary judgment dismissal of the complaint, unanimously affirmed, without costs.

Since a third-party defendant is entitled to raise any defenses against the plaintiff which the third-party plaintiff has to the action (CPLR 1008), and the answer by the third-party defendant interposed the defense of…