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HUNT v. CIMINELLI-COWPER CO., INC.

990 CA 08-02269.

66 A.D.3d 1506 (2009)

887 N.Y.S.2d 395

2009 NY Slip Op 7283

RICHARD HUNT, Plaintiff, v. CIMINELLI-COWPER CO., INC., et al., Defendants. CIMINELLI-COWPER CO., INC., Third-Party Plaintiff-Appellant, v. HUBER CONSTRUCTION, INC., Third-Party Defendant, and DAVID OGIONY DEVELOPMENT CO., INC., et al., Third-Party Defendants-Respondents. (Appeal No. 1.)

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

Decided October 9, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motions of third-party defendants David Ogiony Development Co., Inc. and Pettit & Pettit, Inc. and reinstating the third-party complaint and cross claim against them and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action seeking damages for...

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