Gerard v. City of New York
Lois Gerard v. City of New York, (And a Third-Party Action.) Felix Contracting Corp., Fourth-Party Plaintiff-Respondent v. City Wide Asphalt Paving Co., Fourth-Party
Opinion of the Court
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—Order, Supreme Court, New York County (Jane Solomon, J.), *103 entered on or about August 6, 1997, which denied fourth-party defendant City Wide Asphalt Paving Co.’s motion for summary judgment dismissing the fourth-party complaint, unanimously affirmed, without costs.
The evidence presented by fourth-party plaintiff Felix Contracting Corp. sufficed to raise a material factual issue as to the exact location of plaintiffs accident and thus precluded the grant of fourth-party defendant-appellant’s motion for summary judgment dismissing the fourth-party complaint (see, Alvarez v Prospect Hosp., 68 NY2d 320, 324 ). Upon appellant’s renewed application on oral argument, defendant and third-party plaintiffs brief is stricken. Concur — Lerner, P. J., Milonas, Ellerin, Rubin and Williams, JJ.
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