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ANTOINE v. CITY OF NEW YORK

56 A.D.3d 583 (2008)

MARIE JACQUELINE ANTOINE, Plaintiff, v. CITY OF NEW YORK, Defendant, and OCPARD REALTY ENTERPRISES, LP, Defendant and Third-Party Plaintiff-Respondent. AMERICAN SAFETY INDEMNITY COMPANY, Third-Party Defendant-Appellant-Respondent; BILUS BROKERAGE INC., Third-Party Defendant-Respondent-Appellant.

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

November 18, 2008.

Ordered that the order is modified, on the law, (1) by adding a provision thereto searching the record and awarding summary judgment to the defendant third-party plaintiff Ocpard Realty Enterprises, LP, against the third-party defendant American Safety Indemnity Company on the issue of liability, and (2) by deleting the provision thereof denying the motion of the thirdparty defendant Bilus Brokerage, Inc., for summary judgment dismissing the third-party complaint and cross...

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