Appellate Division of the Supreme Court of the State of New York June 15, 2011 (Sabalza v. Salgado)

*437Order, Supreme Court, Bronx County (Mark Friedlander, J.), entered June 30, 2010, which denied defendant/third-party plaintiff’s motion for summary judgment dismissing the complaint, and granted third-party defendants’ motion to dismiss the third-party complaint pursuant to CPLR 3211 (a) (1) and (7), unanimously affirmed, with costs.