Wing Wong Realty Corp. v. Flintlock Construction Services, LLC

In this action, the defendant/third-party plaintiff, Versatile Consulting and Testing Services acknowledged at oral argument that the record contains no facts to support its opposition to third-party defendants’ summary judgment motion. Yet it raises a novel argument in the context of third-party summary judgment motion practice: It essentially urges us to adopt an exception as to nonmovant’s burden to raise a triable issue of fact, asserting that to do so at this stage will undermine its position in the main action. Unfortunately, because the CPLR does not allow for any such exception, I…