Opinion
October 2, 1997
Appeal from Supreme Court, New York County (Leland DeGrasse, J.).
The two decretal paragraphs in issue merely reflect the court's reasoning in denying defendant's cross motion for summary judgment declaring that plaintiff is jointly and severally liable with her cotenant, the third-party defendant herein, for the arson he committed and is an equally objectionable tenant because of such arson. Since plaintiff did not move for summary judgment declaring the opposite, the court, in this instance, should not have included such directive in its order, particularly since questions of fact remain regarding the liability issues.
Concur — Sullivan, J.P., Ellerin, Williams, Tom and Colabella, JJ.