Hernandez v Asoli, 2019 NY Slip Op 02689 [171 AD3d 896]

April 10, 2019

Appellate Division, Second Department

[*1]

Eucebio Dionsio Hernandez, Plaintiff,

v

Vittorio Asoli, Defendant/Third-Party Plaintiff, Trattoria Romana, Inc., Defendant/Third-Party Plaintiff/Second Third-Party Defendant-Respondent, and Skyfood Equipment, LLC, Defendant/Second Third-Party Plaintiff-Appellant, et al., Defendant/Third-Party Defendant.

Molod Spitz & DeSantis, P.C. (Kinney Lisovicz Reilly & Wolff, P.C., New York, NY [Mark Hanna], of counsel), for defendant/second third-party plaintiff-appellant.

Wilson Elser Moskowitz Edelman & Dicker, LLP, New York, NY (Patrick J. Lawless of counsel), for defendant/third-party plaintiff/second third-party defendant-respondent.

In an action to recover damages for personal injuries, the defendant second third-party plaintiff, Skyfood Equipment, LLC, appeals from a judgment of the Supreme Court, Richmond County (Philip G. Minardo, J.), entered November 22, 2016. The judgment, upon an order of the same court dated October 13, 2016, granting the motion of the second third-party defendant, Trattoria Romana, Inc., pursuant to CPLR 3211 (a) (5) to dismiss the second third-party complaint, is in favor of the defendant second third-party defendant and against the defendant second third-party plaintiff dismissing the second third-party complaint.

Ordered that the judgment is affirmed, with costs.

The underlying facts of this action are summarized in the companion appeal decided herewith ( see Hernandez v Asoli , 171 AD3d 893 [2019]). In view of our determination in the companion appeal, the appellant’s contention that the Supreme Court should not have dismissed the second third-party complaint is without merit. Mastro, J.P., Duffy, LaSalle and Iannacci, JJ., concur..