| Lawson v Rutland Nursing Home, Inc. |
| 2009 NY Slip Op 06166 [65 AD3d 572] |
| August 11, 2009 |
| Appellate Division, Second Department |
| Jernine Lawson, Plaintiff, v Rutland Nursing Home, Inc.,et al., Defendants and Third-Party Plaintiffs-Respondents. Copy Right, Inc., Third-PartyDefendant-Appellant. |
—[*1] Kral, Clerkin, Redmond, Ryan, Perry & Girvan, LLP, New York, N.Y. (Joseph C. Bellard ofcounsel), for defendants third-party plaintiffs-respondents.
In an action to recover damages for personal injuries, the third-party defendant appeals froman order of the Supreme Court, Kings County (Balter, J.), dated June 4, 2008, which denied itsmotion for summary judgment dismissing the third-party complaint.
Ordered that the order is affirmed, with costs.
The third-party defendant (hereinafter the appellant) made a prima facie showing ofentitlement to judgment as a matter of law dismissing the third-party complaint (seegenerally Alvarez v Prospect Hosp., 68 NY2d 320 [1986]). However, in opposition to themotion, the defendants third-party plaintiffs (hereinafter the respondents) raised triable issues offact. Among other things, they submitted the deposition testimony of the appellant's formeremployee, which presented inconsistencies with the deposition testimony of the plaintiff onmaterial issues. Thus, the respondents raised triable issues regarding the credibility of bothwitnesses that should be resolved by the trier of fact (see Artoglou v Gene Scappy Realty Corp., 57 AD3d 460, 462-463[2008]; Makaj v Metropolitan Transp.Auth., 18 AD3d 625, 626-627 [2005]; Kolivas v Kirchoff, 14 AD3d 493 [2005]).
The appellant's remaining contentions are without merit.
Accordingly, the Supreme Court properly denied the appellant's motion for summaryjudgment dismissing the third-party complaint. Prudenti, P.J., Miller, Covello and Austin, JJ.,concur.