No. 3645. November 18, 2010. Order, Supreme Court, New York County (Barbara Jaffe, J.), entered March 8, 2010, which denied third-party defendant's motion for summary judgment dismissing the third-party complaint, unanimously affirmed, without costs. Law Offices of Richard A. Fogel, P.C., Islip (Richard A. Fogel of counsel), for appellant. Michael A. Cardozo, Corporation Counsel, New York (Julian L. Kalkstein of counsel), for respondent. Before: Concur — Tom, J.P., Andrias, Nardelli, Acosta and DeGrasse
3547. Decided May 6, 2004. Order, Supreme Court, New York County (Helen E. Freedman, J.), entered November 6, 2003, which denied defendant Keasbey Company's motion for summary judgment, unanimously affirmed, without costs. Catherine Oken, as Executrix for the Estate of Edwin Diedrich, Plaintiff-Respondent. A.C. S., et al., Defendants, Robert A. Keasbey Company, Defendant-Appellant. Greenberg Traurig LLP, New York (Loring I. Fenton of counsel), for appellant. Weitz Luxenberg, P.C., New York (Stephen
Upon the trial of an action or the hearing upon the merits of a special proceeding, a party or a person interested in the event, or a person from, through or under whom such a party or interested person derives his interest or title by assignment or otherwise, shall not be examined as a witness in his own behalf or interest, or in behalf of the party succeeding to his title or interest against the executor, administrator or survivor of a deceased person or the committee of a person with a mental