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AGUIRRE v. CASTLE AMERICAN CONSTRUCTION, L. L. C.

278 A.D.2d 348 (2000)

718 N.Y.S.2d 615

JORGE AGUIRRE et al., Plaintiffs, v. CASTLE AMERICAN CONSTRUCTION, L. L. C., Defendant and Third-Party Plaintiff-Appellant, et al., Defendants. MILLER CONTRACTING, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided December 18, 2000.

Ordered that on the Court's own motion, the appellant's notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the third-party complaint is reinstated, and the matter is remitted to the Supreme Court, Rockland County, for a determination on the merits...

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