Appellate Division of the Supreme Court of the State of New York January 14, 2002 (Perez v. Ozone Park Lumber)

In an action to recover damages for personal injuries, the third-party defendant appeals from an order of the Supreme Court, Kings County (Barron, J.), dated August 29, 2001, which denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.