George Simpson v. Term Industries

[126 A.D.2d 484 Page 484] Order, Supreme Court, New York County (Eugene R. Wolin, J.), entered December 18, 1985, granting the motion and cross motion by fourth-party defendants Travelers Insurance Company (Travelers) and the New Rochelle Police Department (Police Department) for summary judgment dismissing the fourth-party complaint, and denying the cross motion by third-party plaintiff Term Industries, Inc. (Term) for leave to serve an amended third-party complaint, unanimously reversed, on the law, Travelers' motion and the Police Department's cross motion for summary judgment denied, the fourth-party complaint reinstated, and Term's cross motion for leave to serve an amended third-party complaint in the form annexed to the cross-moving papers granted, without costs or disbursements.