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MAZZA v. ED TOMPKINS PLUMBING CORP.

2007-06225, 2008-00721

2008 NY Slip Op 06360

NATALIE ROSE MAZZA, ETC., plaintiff, PAUL MAZZA, ETC., plaintiff/counterclaim defendant-respondent, v. ED TOMPKINS PLUMBING CORP., ET AL., defendants/counterclaim plaintiffs-appellants.

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

Decided July 22, 2008.

Attorney(s) appearing for the Case

Brill & Associates, P.C., New York, N.Y. (Haydn J. Brill and Corey M. Reichardt of counsel), for appellants.

Baxter, Smith, Tassan & Shapiro, P.C., White Plains, N.Y. (James J. Lofrese and Sim R. Shapiro of counsel), for respondent.

Before: WILLIAM F. MASTRO, J.P., ANITA R. FLORIO, THOMAS A. DICKERSON, ARIEL E. BELEN, JJ.

DECISION & ORDER

ORDERED that the order entered June 7, 2007, is affirmed; and it is further,

ORDERED that the order entered December 20, 2007, is affirmed insofar as appealed from; and it is further,

ORDERED that one bill of costs is awarded to the respondent.

Contrary to the appellants' contention, the factual allegations set forth in their counterclaims for indemnification and contribution against the respondent, Paul Mazza, merely...

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