Opinion
2002-11558.
Decided April 5, 2004.
In an action to recover damages for personal injuries, the third-party and second third-party defendant, New York Acoustics, Inc., appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (Weiss, J.), dated October 3, 2002, as denied its motion for summary judgment dismissing the third party and second third-party complaints, and the defendants RWKS Transit, Inc., Impulse Enterprises of New York, Inc., and FV/VR/MW Joint Venture, cross-appeal, as limited by their brief, from so much of the same order as denied their cross motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.
Gilroy Downes Horowitz Goldstein, New York, N.Y. (Thomas Dillon and Michael Horowitz of counsel), for third-party and second third-party defendant-appellant-respondent.
Morenus Cardoza Conway Goren Brandman, Melville, N.Y. (Eileen M. Baumgartner of counsel), for defendants second third-party plaintiffs-respondents-appellants.
Vitacco Vitacco, Elmhurst, N.Y. (Guy R. Vitacco of counsel), for plaintiff-respondent.
Carroll, McNulty Kull, LLC, New York, N.Y. (Ann Odelson of counsel), for defendant third-party plaintiff-respondent.
Before: A. GAIL PRUDENTI, P.J., NANCY E. SMITH, GLORIA GOLDSTEIN, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the order is affirmed, without costs or disbursements.
There are issues of fact requiring the denial of summary judgment.
PRUDENTI, P.J., SMITH, GOLDSTEIN and CRANE, JJ., concur.