Appellate Division of the Supreme Court of New York, 1999

Blumberg v. Goldberg

Blumberg v. Goldberg
Appellate Division of the Supreme Court of New York · Decided May 18, 1999
261 A.D.2d 250; 690 N.Y.S.2d 237
Blumberg v. Goldberg

Opinion of the Court

—Order, Supreme Court, Bronx County (Jerry Crispino, J.), entered February 2, 1998, which, to the extent appealed from, denied third-party defendant I. Rausch & Sons’ motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs.

*251The motion of third-party defendant I. Rausch & Sons (Rausch) was properly denied since Rausch failed to meet its burden, at this stage of the proceedings prior to the completion of discovery, of tendering sufficient medical proof in admissible form to establish that plaintiffs injuries could be reasonably allocated or divided among the alleged prior and successive tortfeasors (compare, Dubrey v Champlain Val. Physicians Hosp. Med. Ctr., 189 AD2d 950, with Housepian v Kleinman-Cindrich, 226 AD2d 431, and Kalikas v Artale, 124 AD2d 645). Concur — Sullivan, J. P., Tom, Lerner and Buckley, JJ.

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