Appellate Division of the Supreme Court of the State of New York June 10, 2008 (Velez v. Division Nine Holding Corp.)

Order, Supreme Court, New York County (Paul G. Feinman, J.), entered January 22, 2008, which denied third third-party defendant’s motion for summary judgment dismissing that third-party complaint, unanimously affirmed, without costs.

The motion sought to avoid third-party liability by defeating plaintiffs claim against defendant/third third-party plaintiff.