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T. MINA SUPPLY, INC. v. CLEMENTE BROS. CONTR. CORP.

2014-05998, Index No. 23125/11.

139 A.D.3d 1040 (2016)

34 N.Y.S.3d 82

2016 NY Slip Op 04039

T. MINA SUPPLY, INC., et al., Plaintiffs, v. CLEMENTE BROS. CONTRACTING CORP. et al., Defendants, and INTERNATIONAL FIDELITY INSURANCE COMPANY, Defendant/Third-Party Plaintiff-Appellant. CITY OF NEW YORK, Third-Party Defendant-Respondent.

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

Decided May 25, 2016.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the third-party defendant's motion which was pursuant to CPLR 3211 (a) to dismiss the first, third, fourth, fifth, sixth, eighth, ninth and tenth causes of action in the third-party complaint is denied.

The Supreme Court erred in concluding that the doctrine of law of the case required it to grant that branch of the motion of the third-party defendant, the City...

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