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JOHN MORALES, Appellant, v. HEFRAN REALTY CO., INC., Defendant, and HORIZON ELEVATOR Co., INC., Defendant and Third-Party Plaintiff-Respondent. DUNHILL MANUFACTURING DISTRIBUTING CORP., Third-Party Defendant-Respondent.

Ordered that the order is affirmed, with one bill of costs.

Summary judgment was properly granted in favor of the movants because there is no evidence in the record that the subject accident resulted from the negligence of the Horizon Elevator Co., Inc. (hereinafter Horizon). Additionally, there is no evidence that Horizon had knowledge of the allegedly defective condition or failed to use reasonable care to discover and correct a condition which it ought to have found (see, Rogers v Dorchester Assocs., 32 N.Y.2d 553, 559; see also, Di Marco v Westinghouse Elec. Corp., 170 A.D.2d 760). Upon dismissal of the main action, the third-party action commenced by Horizon was also properly dismissed. Sullivan, J.P., Santucci, Goldstein and Floria, JJ., concur.

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MORALES v. HEFRAN REALTY CO., INC
(Mar 7, 1994)