Gil v Manufacturers Hanover Trust Co.

2007 NYSlipOp 03266

April 17, 2007

Appellate Division, Second Department

As corrected through Wednesday, June 6, 2007

Mercedes Gil, Respondent, v Manufacturers Hanover Trust Company et al., Defendants and Third-Party Plaintiffs-Appellant. McGuire Service Corp., Third-Party Defendant-Respondent.

—[*1]Quirk and Bakalor, P.C., New York, N.Y. (Jeanne M. Boyle of counsel), for defendants third-party plaintiffs-appellants.

DiJoseph & Portegello, P.C., New York, N.Y. (Arnold E. DiJoseph III and Norman I. Lida of counsel), for plaintiff-respondent.

Lewis Johs Avallone Aviles, LLP, Melville, N.Y. (John F. Morrison of counsel), for third-party defendant-respondent.

In an action to recover damages for personal injuries, the defendants third-party plaintiffs appeal from so much of an order of the Supreme Court, Kings County (David Schmidt, J.), dated June 9, 2005, as denied those branches of its motion which were for summary judgment dismissing the complaint and for summary judgment on its third-party cause of action for contractual indemnification.

Ordered that the appeal is dismissed, with costs, as the order was superseded by an order of the same court dated December 23, 2005, made upon reargument (see Gil v Manufacturers Hanover Trust Co., 39 AD3d 703 [2007] [decided herewith]). Schmidt, J.P., Mastro, Carni and Dickerson, JJ., concur.