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CASTROGIOVANNI v. CORPORATE PROPERTY INVESTORS

276 A.D.2d 660 (2000)

714 N.Y.S.2d 332

STEPHEN CASTROGIOVANNI et al., Respondents, v. CORPORATE PROPERTY INVESTORS et al., Defendants, CONTINENTAL CONSOLIDATED INDUSTRIES, Respondent, and F.J. SCIAME CONSTRUCTION CO., INC., Defendant and Third-Party Plaintiff-Appellant. AROOSTOOK INSTALLATIONS, Third-Party Defendant-Respondent.

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

Decided October 23, 2000.

Ordered that the appeal from the order is dismissed, as the order was superseded by the order and judgment; and it is further,

Ordered that the order and judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

There are questions of fact concerning the degree of supervision and control exercised by the appellant general contractor, and whether it had notice...

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