Opinion
December 28, 1992
Appeal from the Supreme Court, Nassau County (Roncallo, J.).
Ordered that the appeal from the order dated September 20, 1990, is dismissed, as that order was superseded by the order dated November 2, 1990, made upon reargument; and it is further,
Ordered that the order dated November 2, 1990, is affirmed; and it is further,
Ordered that the third-party defendant County of Nassau is awarded one bill of costs payable by the defendant and third-party plaintiff Earle Johnson.
The evidence submitted in support of the motion of the third-party defendant County of Nassau was sufficient to warrant the granting of summary judgment (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562). Thompson, J.P., Balletta, Rosenblatt and Eiber, JJ., concur.