Opinion
March 9, 1998
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Ordered that the order is affirmed, with costs.
The plaintiff sustained an injury while descending a ladder that was "not secured or improperly secured" to the rear of a 25-foot Monterey Cruiser, a boat manufactured by the appellant. An issue of fact exists concerning the nature of the alleged defective condition and whether the third-party defendant may be held liable therefor ( see, Robinson v. Reed-Prentice Div., 49 N.Y.2d 471, 478; Codling v. Paglia, 32 N.Y.2d 330, 342). Accordingly, the third-party defendant, as the party seeking summary judgment, failed to establish entitlement to judgment in its favor as a matter of law, and its motion was properly denied ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562).
Mangano, P. J., Miller, Pizzuto and Krausman, JJ., concur.