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Simon v. Iskander

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 2004
3 A.D.3d 487 (N.Y. App. Div. 2004)

Opinion

2002-09288.

Decided January 12, 2004.

In an action to recover damages for personal injuries, the defendant Location Pie IX Dodge Chrysler appeals from an order of the Supreme Court, Kings County (Hubsher, J.), dated May 29, 2002, which granted the motion of the defendants Salvatore Balestrieri, a/k/a S. Balestrieri and Summit Restaurant Repairs Sales, Inc., for summary judgment dismissing the complaint and all cross claims insofar as asserted against them.

Leahey Johnson, P.C., New York, N.Y. (Peter James Johnson, Peter James Johnson, Jr., James P. Tenney, and Kimberly A. Sparagna of counsel), for appellant.

Cohen, Kuhn Associates, New York, N.Y. (Richard H. Klauber of counsel), for respondents.

Before: STEPHEN G. CRANE and BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the appeal from so much of the order as granted that branch of the motion which was to dismiss the complaint and all cross claims asserted by the defendants George Iskander and Iskander Maritime, Inc., against the defendants Salvatore Balestrieri, a/k/a S. Balestrieri and Summit Restaurant Repairs Sales, Inc., is dismissed, as the appellant is not aggrieved by that portion of the order; and it is further,

ORDERED that the order is reversed insofar as reviewed, that branch of the motion which was to dismiss the appellant's cross claim against the respondents is denied, and the appellant's cross claim against the respondents is reinstated; and it is further,

ORDERED that one bill of costs is awarded to the appellant.

There are issues of fact requiring the denial of summary judgment.

SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.


Summaries of

Simon v. Iskander

Appellate Division of the Supreme Court of New York, Second Department
Jan 12, 2004
3 A.D.3d 487 (N.Y. App. Div. 2004)
Case details for

Simon v. Iskander

Case Details

Full title:TERRILL SIMON, plaintiff, v. GEORGE ISKANDER, ET AL., defendants, LOCATION…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 12, 2004

Citations

3 A.D.3d 487 (N.Y. App. Div. 2004)
769 N.Y.S.2d 751