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SCHOOL CONSTRUCTION CONSULTANTS, INC. v. ARA PLUMBING & HEATING CORP.

63 A.D.3d 1029 (2009)

882 N.Y.S.2d 227

SCHOOL CONSTRUCTION CONSULTANTS, INC., Plaintiff, v. ARA PLUMBING & HEATING CORP. et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendants. ARCH SPECIALITY INSURANCE COMPANY, Third-Party Defendants-Respondents.

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

Decided June 23, 2009.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to dismiss the fourth cause of action of the third-party complaint, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

Contrary to the contention of the defendants third-party plaintiffs ARA Plumbing & Heating Corp. (hereinafter ARA) and QBE Insurance...

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