Appellate Division of the Supreme Court of the State of New York January 29, 1985 (Castiglia v. Franchise Realty Interstate Corp.)

— Order unanimously affirmed, with costs to respondent Castiglia. Memorandum: Special Term properly denied the motion by defendant (third-party plaintiff) for summary judgment dismissing the complaint against it. We reject defendant’s argument that its contract with third-party defendant, to which plaintiff was not a party, operated to alter its obligations to plaintiff under a separate contract.