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Gasho of Japan, Westchester, Inc. v. Taisei Construction Corp.

246 A.D.2d 577 Court N.Y. App. Div. Decision date 1998-01-20 English

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p. 577
Gasho of Japan, Westchester, Inc., Plaintiff, v Taisei Construction Corporation, Defendant and Third-Party Plaintiff-Respondent. O’Dea & Associates, P. C., Third-Party Defendant-Appellant, et al., Third-Party Defendant.
[667 NYS2d 288]

In an action, inter alia, to recover damages for breach of contract and negligence, the third-party defendant O’Dea & Associates, P. C. appeals from an order of the Supreme Court, Orange County (Slobod, J.), dated September 5, 1996, which denied its motion for summary judgment dismissing the third-party complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

We agree with the Supreme Court’s conclusion that the defendant third-party plaintiff’s claims were properly asserted in the third-party action against the appellant (see, CPLR 1007; Menorah Nursing Home v Zukov, 153 AD2d 13 , 24-25). Rosenblatt, J. P., Copertino, Krausman and Goldstein, JJ., concur.

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