Appellate Division of the Supreme Court of the State of New York August 7, 1997 (O'Brien v. Bernardo)

Order, Supreme Court, New York County (Paula Omansky, J.), entered on or about September 24, 1996, which granted defendant and third-party plaintiffs motion for partial summary judgment declaring in its favor against the third-party defendant and denied the *214third-party defendant’s cross-motion for summary judgment declaring in its favor, unanimously modified, on the law, to deny the motion