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KLEINBERG v. 516 W. 19TH LLC

857, 109371/09, 591008/09, 590362/10, 590873/12.

138 A.D.3d 549 (2016)

31 N.Y.S.3d 12

2016 NY Slip Op 02936

PAUL KLEINBERG et al., Plaintiffs, v. 516 WEST 19TH LLC, Respondent/First Third-Party Plaintiff, and THE J CONSTRUCTION COMPANY, LLC, Defendant/Second Third-Party Plaintiff-Respondent. KNS BUILDING RESTORATION CORP., Second Third-Party Defendant-Appellant; DELTA TESTING LABORATORIES INC., Second Third-Party Defendant-Respondent, et al., First Third-Party Defendant, et al., Second Third-Party Defendants. (And Other Third-Party Actions.)

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

Decided April 19, 2016.

Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about January 29, 2015, which, insofar as appealed from as limited by the briefs, denied second third-party defendant's (KNS) motion to dismiss second third-party plaintiff the J Construction Company, LLC's (J Con) remaining claims and all cross claims against it on the ground of spoliation of evidence, unanimously affirmed, with costs.

[Prior...

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