Thalenberg v. Rosenfeld

In an action to enjoin the defendants from the use and habitation of certain premises, the third-party defendant fourth-party plaintiff, Shmuel Klein, appeals, as limited by his brief, from so much of an order of the Supreme Court, Rockland County (Miller, J.), dated October 4, 1994, as, upon treating the motions to dismiss of the third-party plaintiff and the fourth-party defendant as motions for summary judgment, (1) granted the branches of the motion of the third-party plaintiff which were to dismiss his second, sixth, and ninth affirmative defenses to the third-party complaint and the…