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MADERO v. PIZZAGALLI CONSTRUCTION COMPANY

62 A.D.3d 670 (2009)

878 N.Y.S.2d 434

ANTHONY MADERO, Respondent, v. PIZZAGALLI CONSTRUCTION COMPANY, Defendant and Third-Party Plaintiff-Appellant-Respondent, FERRARI AND SONS, INC., Appellant, and OLDCASTLE PRECAST, INC., Respondent. KANE CONTRACTING, INC., Third-Party Defendant-Appellant.

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

Decided May 5, 2009.

Ordered that the order is reversed insofar as appealed and cross-appealed from, on the law, with one bill of costs payable by the plaintiff to Pizzagalli Construction Company and Ferrari and Sons, Inc., and one bill of costs payable by Pizzagalli Construction Company to Kane Contracting, Inc., and the motion of the defendant third-party plaintiff, Pizzagalli Construction Company, for summary judgment dismissing the complaint insofar as asserted against it is granted, the...

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