Kelley v. Hitzig

Memorandum. Judgment of the court below (see 71 Misc 2d 329) is affirmed, without costs.

The evidence was sufficient to support the finding of negligence on the part of defendant. (See Shuffian v Garfola, 9 AD2d 910.) While we are not in complete agreement with the trial court’s rationale in holding third-party defendant liable, the result was proper. (See Dole v Dow Chem. Co., 30 NY2d 143, 153.)

Concur: Hogan, P.J., Pittoni and McCullough, JJ.