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Lakewood Construction Co. v. Brody

1 A.D.2d 1010 Court N.Y. App. Div. Decision date 2003-11-21 Docket Appeal No. 4 English

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p. 1010
Lakewood Construction Co., Inc., Respondent, v Martin Brody, Appellant. Lakewood Construction Co., Inc., Third-Party Plaintiff-Respondent, v Oneida Floor Co., Inc., Third-Party Defendant-Respondent.
(Appeal No. 4.)
[767 NYS2d 354]

Appeal from an order of Supreme Court, Oneida County (Ringrose, J.), entered November 14, 2002, which granted in part the cross motion of third-party defendant for summary judgment dismissing the amended third-party complaint.

p. 1011
It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in its entirety third-party defendant’s cross motion and reinstating in its entirety the amended third-party complaint and as modified the order is affirmed without costs.

Same memorandum as in Lakewood Constr. Co. ([appeal No. 1] 1 AD3d 1007 [2003]). Present—Pigott, Jr., PJ., Green, Scudder, Kehoe and Hayes, JJ.