The court’s research into the question of impleading third parties into summary proceedings has uncovered decisions involving the New York City Department of Social Services (allowed — see, e.g., Merlin Realty Corp. v Santiago, NYLJ, Oct. 3, 1979, p 14, col 1 [Miller, J.], and Phipps Plaza South Housing Dev. Fund Corp. v Torres, NYLJ, Sept. 26, 1974, p 17, col 7 [Levy, J.]; not allowed — see, e.g., Matter of Estate of Weiss v Downing, NYLJ, Feb. 13, 1975, p 18, col 7 [App Term], and Allison v Medina, NYLJ, July 11, 1974, p 11, col 2 [Shorter, J.]); the United States Veterans Administration (not allowed — Marcy Realty Co. v Glassy, 79 Misc 2d 925 [Nolan, J.]); the New York State Public Service Commission and Consolidated Edison (allowed — Bryant Hoe Corp. v Valentine, 83 Misc 2d 5, 7 [Peck, J.]); a private insurance carrier, after a fire (allowed — Welsh v Lublin, NYLJ, March 28, 1975, p 13, col 8 [Milano, J.]); the Comptroller of the City of New York, President of the City Council and unnamed elected officials, government agencies and community groups (not allowed — 233 233 Co. v City of New York, NYLJ, Sept. 28, 1979, p 5, col 1 [App Term]); a community board established under the city charter (allowed — Housing & Dev. Admin, of City of N. Y. v Ruel Realty Co., NYLJ, Jan. 31, 1979, p 10, col 6 [Cohen, J.]); and even a cotenant of the originally named tenants (72nd Tenants Corp. v Rosen, NYLJ, Dec. 26, 1973, p 16, col 2 [Marks, J.]).
However, no reported case has been found involving the attempted impleader of the New York City Department of Environmental Protection. Accordingly, this is a case of apparent first impression.
*472BACKGROUND TO THE LITIGATION