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PODESTA v. ASSUMABLE HOMES DEV. II CORP.

2014-01140, Index No. 4208/08.

137 A.D.3d 767 (2016)

2016 NY Slip Op 01477

ROBERT M. PODESTA et al., Respondents, v. ASSUMABLE HOMES DEVELOPMENT II CORP. et al., Defendant/Third-Party Plaintiffs-Respondents, et al., Defendants. FIDELITY NATIONAL TITLE AGENCY OF NEW YORK, INC., Defendant/Third-Party Defendant-Appellant, et al., Defendant/Third-Party Defendant.

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

Decided March 2, 2016.

Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the motion of the defendant/third-party defendant Fidelity National Title Agency of New York, Inc., which were pursuant to CPLR 3211 (a) to dismiss the thirteenth and fourteenth causes of action in the amended complaint insofar as asserted against it, and substituting therefor provisions granting those branches of the motion; as so modified, the order is affirmed insofar...

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